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UNITED STATES OF AMEftICA. | 



















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FIFTH EDITION. 


PRICE, FIFTEEN CENTS. 


THE 

New York Ballot Reform Law 


AND THE 


City and Rural Registry Law ; 


ALSO 

Other New Election laws, 


WITH 

Suggestions to Political Committees and 
Election Officers. 


- / 

By Edgar L. Murlin. 

t 


ALBANY: 

JAMES B. LYON, STATE PRINTER. 

1890. 
















( 



THE 


New York Ballot Reform Law 


AND THE 



City and Rural Registry Law-, 


ALSO 

Other New Election Laws, 

WITH 


Suggestions to Political Committees and 
Election Officers. 



2890 . 





K 

MiM* 




t 


COPYRIGHTED, 

BY JAMES B. LYON, 

1890 . 


CONTENTS 


Political Calendar -----.--.4 

Registration Days.- 5 

Dates of Nomination Certificates.6 

Suggestions to Political Committees and Election 

Officers .7 to 29 

Forms of Nomination Certificates - - - - 30 to 51 

New York Ballot Reform Law .52 to 83 

City and Rural Registration Law - - - - 84 to 06 

Brooklyn Registration Law - - - - - - 07 to 104 

The Enabling Act - .105, 106 

The Town Meeting Act.- . • 107, 108 

The Corrupt Practices Act - - - - - 109 to 115 









POLITICAL CALENDAR. 


State Election, November 4,1890. 


Election Districts Must be Divided. 

In all places. Before Monday, September 1. 


Polling Places to be Designated. 

In all places. Monday, September 1. 


Inspectors in New Election Districts Must be 
Appointed. 

New York and Brooklyn. Before Tuesday, October 7. 


Other cities. Before Saturday, October 4. 

Outside of cities. Before Saturday, October 18. 








REGISTRATION DAYS 


State Election, 1890. 


in all Cities except New York and Brooklyn. 


First day. Saturday, October 4. 

Second day. Saturday, October 11. 

Third day. Saturday, October 18. 

Fourth day. Saturday, October 25. 


Town and Rural Registration. 


First day. Saturday, October 18. 

Second day. Saturday, October 25. 

Third day. Friday, October 31. 


Yew York and Brooklyn Registration Days. 


First day. Tuesday, October 7. 

Second day. .Wednesday, October 15. 

Third day. Friday, October 24. 

Fourth day.. Saturday, October 25. 















NOMINATION CERTIFICATES. 


Republican, Democratic, Prohibition. 


State, or More than One County, Must, be Filed with 
Secretary of State. 

Earliest Day. I Latest Day. 

September 25, | October 10. 


One County, Filed with County Clerk. 


Earliest Day. 

October 5. 


Lateot Day. 
October 15. 


INDEPENDENT NOMINATIONS. 

State, or more than One County, Mu«i be Filed with 
Secretary of State. 

Earliest Day. | Latest Day. 

September 25. | October 20. 


One County, Filed with County Clerk. 


Earliest Day. 

October 5^ 


Latest Day; 

October 23. 






THE NEW ELECTION LAWS. 


Election Day, November 4, 1890. 


Suggestions to Political Committees and 
Election Officers. 


Chapter I. 

The Ballot Beform Act. 

The State of New York will hold its State election 
in 1890, upon Tuesday, November fourth. There will 
then be elected: 

An associate judge of the Court of Appeals. 

Two Supreme Court judges. 

Thirty-four Congressmen. 

One hundred and twenty-eight Assemblymen. 

Nine county clerks. 

Seventeen sheriffs. 

Eleven district attorneys. 

Thirty-seven county treasurers. 

Mayors of several cities. 

Aldermen of several cities. 

The election will be held under the new election 
laws, namely: the ballot reform act, the general 
registration act, the corrupt practices act, and the 
Brooklyn registration act. Besides the Legislature 
passed and the Governor signed an act enabling 
cities to raise money to bear the expense of conduct¬ 
ing elections under the ballot reform law, the regis¬ 
tration law and an act providing that at town meet¬ 
ings hereafter the vote taken on proposed taxes or 
appropriations shall be taken by ballot, instead of 
viva voce as heretofore* 





8 

Official Ballots to be Printed. 

State, county and town political committees will 
find it necessary to study the ballot reform act several 
months before the November election, in view of the 
fact that official ballots are to be printed and 
that therefore public officials must be informed 
of nominations in time for them to place the 
names of the candidates of the several political 
narties upon the ballots. The law itself prescribes the 
periods of time before election within which the cer¬ 
tificates of nomination must be filed with the proper 
officials. The time of holding political conventions 
this year, especially State, Assembly and Congress¬ 
ional conventions necessarily will be governed largely 
by the provisions of the law that nomination certi¬ 
ficates can not be filed after a certain date with the 
Secretary of State or the county clerks. 

When Certificates Must be Filed. 

All nominations made by the “regular” political 
parties (Republican, Democratic and* Prohibition) 
will be made, therefore, it is apparent, with the aim 
of meeting the following requirements of the law: 

Certificates of State nominations made by them, 
such as for Judge of the Court of Appeals, or nomi¬ 
nations also made by them where the candidates will 
be voted for in more than one county must be 
filed with the Secretary of State not more 
than forty nor less than twenty-five days before 
November fourth; or, in other words, not earlier than 
September twenty-fifth, and not later than October 
tenth. Certificates of nominations made by tnem for 
Assemblymen or other officers voted for within the 
limits of one county must be filed with the several 
county clerks of the State, not more than thirty nor 
less than twenty days before election; making the 
period withia which they must b© filed this year mt 


9 

earlier than October fifth, and not later than October 
fifteenth. 

Certificates of nominations made by citizens not 
delegates to a party convention, committee or pri¬ 
mary meeting, can be made at slightly later dates. 
In the case of State nominations or nominations of 
candidates to be voted for in more than one county, 
these certificates must be filed with the Secretary of 
State not more than forty nor less than fifteen days 
before election; in other words this year they must be 
filed not earlier than September twenty-fifth, and not 
later than October twentieth. Where these inde¬ 
pendent citizens make nominations within the limits 
of one county they must file their certificate of nomi¬ 
nation not more than thirty nor less than twelve 
days before election, to wit: Not earlier than October 
fifth and not later than October twenty-third. 

Kepublican, Democratic, Prohibition. 

State, or more than one county, must be filed with 


Secretary of State. 

Earliest day.:. September 25 

Latest day. October 10 

One county, filed with County Clerk. 

Earliest day. October 5 

Latest day. October 15 

Independent Nominations. 

State, or more than one county, must be filed with 
Secretary of State. 

Earliest day. September 25 

Latest day.. October 20 

One county, filed with County Clerk. 

Earliest day .. October 5 

Latest day.... October 23 


2 










10 

Independent Nominations. 

The act says that “candidates for public office 
may be nominated otherwise than by a conven¬ 
tion, committee or primary meeting,” that is, other¬ 
wise than by a “regular” political party, by a 
certain number of citizens signing a certificate. A 
certificate of nomination of this character if the 
nomination is for a State office must be signed by at 
least 1,000 voters; if for an office “to be filled by the 
voters of a district less than the State and greater than 
a county, or by the voters of a county or city,” at least 
250 voters; if for an office to be filled by the voters of 
an Assembly district not less than 100 voters; if for 
a ward, town, or village office, not less than fifty 
voters. An exception to these provisions is made in 
the case of the city and county of New York, and 
the city of Brooklyn and county of Kings, where 300 
signatures are required if an office is to be filled by the 
voters of the city and county of New York, or of the 
county of Kings or of the city of Brooklyn. The act 
further provides that “where the nomination is for an 
office to be filled wholly or in part by the voters of 
only a portion of said city and county of New York, 
or the said county of Kings, or the said city of Brook¬ 
lyn, less than the whole,” such number of signatures 
to the certificate shall not be less than 100. The cer¬ 
tificates of nomination for State offices or for more 
than one county, made independently of the “ regu¬ 
lar ” parties, must be filed with the Secretary of State. 
Where these independents nominate men for offices 
limited to a county, they must file their certificates 
of nomination with the county clerks. 

Two exceptions only are made to these provisions 
in respect to the filing of these certificates in the 
above stated manner. The certificate of a nomina¬ 
tion for Member of Assembly in the counties of Fulton 
and Hamilton* must be filed in the office of the county 


11 

clerk of Fulton county, and a certified copy of this 
certificate must be filed in the office of the county 
clerk of Hamilton county. The certificate of nomina¬ 
tion for Senator in the Fifth Senate district must be 
filed with the county clerk of New York, and a certified 
copy of this certificate must be filed with the county 
clerk of Richmond county. 

Certificates of Political Parties. 

The certificates of nomination made by a “ regular ” 
political party, for any office, must be signed by the 
presiding officer and secretary of the convention, 
committee or primary meeting at which the nomi¬ 
nation was made; who are required to add to 
their signatures their respective places of residence 
and make oath before some judicial officer that 
they were officers of the convention, committee 
or primary meeting and that the certificate and 
the statements it contains are true to the best of 
their knowledge and belief. A certificate that such 
an oath was administered must be made and signed 
by the officer before whom the oath was taken and 
this document must be attached to the certificate 
of nomination. These certificates will fcisure the 
printing of official ballots for the Democratic and the 
Republican party for all offices for which they may 
make nominations in this State; they having polled 
at least one per cent of the votes cast in the State at 
the November election in 1889 in the State and in 
every Senatorial, Assembly, County or other political 
district of the State. 

Prohibition Party Certificates. 

The Prohibition party under the same provision of 
law can have official ballots printed for its State 
candidates this fall by having the presiding officer 
and secretary of its State convention file certificates 


12 


of nomination with the Secretary of State. In many 
Assembly districts, however, the Prohibition party 
polled last fall less than one per cent of the total vote 
polled in those districts. The leaders of the Prohi¬ 
bition party in these districts will find it necessary, 
in order to have the name of their candidate for 
Assemblyman placed on the official ballots, to file a 
certificate of nomination signed by at least 100 duly 
qualified voters of that Assembly district. In these 
districts the Prohibitionists will be on the same footing 
as “Independents.” 

Committees May Nominate. 

A State convention or other political convention 
may authorize a committee to make a nomination or 
nominations in its behalf. This must be done by 
resolution. The committee, upon sending the nomi¬ 
nation certificate to the Secretary of State or to some 
county clerk, must give the resolution under which 
they act and make oath that the certificate and its 
statements are true to the best of their knowledge 
and belief. The State conventions held by the 
[Republican and the Democratic parties in 1889, 
authorized the State committees of their respective 
organizations, in the year 1890, if they deem best 
not to call State conventions this year, but 
to make the nomination for Judge of the Court 
of Appeals, the sole State office to be vacant in 
1891, as the agents of those conventions. It is likely, 
therefore, that the State committees of these parties 
will file certificates of nomination for Judge of the 
Court of Appeals this fall. 

Independent Certificates. 

No person is permitted to sign more than one cer¬ 
tificate of nomination for an office; but in the case 
of nominations by “ independents ” the signatures to 


13 


the certificate of nomination need not all be appended 
to one paper. The ballot reform act also says, in 
respect to these “ independent ” nomination certifi¬ 
cates : “ The certificate may designate and appoint 
upon the face thereof, one or more persons, who 
for the purposes set forth in section seventeen of 
this act shall represent the signatures of said cer¬ 
tificate.” Every voter signing these certificates of 
“ independent ” nominations is required to add to his 
signature his place of residence, and acknowledge 
his signature before a judicial officer, and make oath 
that he is a voter and that he has truly stated his 
residence. 

Declination or a Nomination. 

Whenever a candidate nominated by a political 
party shall decline the nomination given him twelve 
days before election day, or if a candidate nominated 
by “independents” shall decline the nomination ten 
days before election day, the nominations are to be 
considered void and their names are not to be printed 
upon the official ballots. The persons whose signa¬ 
tures are written upon the original certificate of 
nomination must be informed officially of this decli¬ 
nation. Objections to nomination certificates must 
be filed within three days of the day on which the 
certificates were filed. These objections must be 
addressed to the officer with whom the original cer¬ 
tificate was filed. His decision is to be final, unless 
an order is made in the matter by a court of compe¬ 
tent jurisdiction or by a justice of the Supreme Court 
at Chambers on or before the Wednesday preceding 
the election. 

Death or Designation. 

In case of death or resignation the vacancy or 
vacancies thus created may be filled in the manner 
required for original nominations. (See section 14 of 


14 


ballot reform act for directions as to the procedure 
under these circumstances.) 

Publication of Nominations. 

The county clerk of each county, at least six days 
before election day, must have published in not less 
than two nor more than four newspapers within the 
county of his jurisdiction a list of all nominations to 
office certified to him under the provisions of the act. 
The publication must contain the name and residence 
and if in a city the street number of the residence 
and of the place of business, if any, and the party or 
other designation, of each candidate. Publications 
of this kind regarding candidates for city offices 
must be printed in the city in which the election is to 
be held. These notices are to be printed in news¬ 
papers of opposite political faith. (See section 10 of 
Ballot Reform Act). The county clerk must also at 
least six days before election day send to the town 
clerk of each town and to the aldermen of each 
ward in any city in that county printed lists, at 
least five, and not more than ten, containing 
the name and residence of each candidate nominated 
under the forms heretofore described, to be voted 
for by the voters of those towns and wards. These 
lists must be conspicuously posted at least three days 
before election in one or more public places in each 
election district of each town or ward. 

The Printing of Official Ballots. 

It is made the duty of the county clerk of each 
county to provide the printed ballots to be used at 
every election in his county. The only exception 
to this rule is in the case of the New York and of the 
Brooklyn ballots. The ballots to be used in New 
York must be prepared by the board of police com¬ 
missioners from the certificates on file with the 


15 

county clerk of New York, and all ballots used in 
Brooklyn are to be prepared by the boards of election 
of that city from certificates on file with the county 
clerk of Kings county. Each county must bear the 
cost of printing the ballots to be used at the elections 
held within its limits. (See Enabling Act, chapter 330, 
Laws of 1890, in this pamphlet.) The county clerk not 
only must provide ballots containing the names of 
the candidates, but also blank ballots marked only 
with the titles of the offices to be filled. Sample bal¬ 
lots also must be printed under the direction of the 
county clerk; but these ballots are to be printed upon 
paper of a different color from the official ballots. 
(See section 16, Ballot Reform Act.) These sample 
ballots must be in the possession of each county clerk 
or of other officers or boards charged with the duty 
of preparing the ballots at least seven days before 
the day of election and must be subject to public 
inspection. The official ballots to be used on election 
day must be in the possession of the county clerks or 
of the officers or boards acting with them at least 
four days before election day, and be subject to 
inspection. 

Numbee of Ballots. 

The county clerks must provide for every election 
district in every county 200 ballots of each kind 
for every fifty, or fraction of fifty, voters regis¬ 
tered at the last preceding election in the election 
district. If there has been no registration the 
same number of ballots must be printed, taking 
the number of votes cast at the last election as a 
guide. These ballots are to be delivered in sealed 
packages to town and city clerks upon the Saturday 
before election day. The town and city clerks must 
have these packages delivered to the inspectors of 
election of the various election districts at the open¬ 
ing of the polls upon election day. There are severe 


16 


penalties imposed upon any county clerk who neglects 
to have the ballots printed, and upon anyone who 
destroys the ballots. (See section 34 of Ballot Reform 
Act.) If there have been errors or omissions in pre¬ 
paring the ballots the county clerks may correct 
them. (See section 19 of Ballot Reform Act.) 

Card Instructions. 

The county clerks are also to provide twelve cards 
for each election district having printed upon 
them instructions to voters as to what should 
be done: (1) To obtain ballots for voting; (2) to 
prepare the ballots for deposit in the ballot-boxes; 
(3) to obtain a new ballot in the place of one 
spoiled by accident or mistake. The inspectors of 
election must place one of the cards in each compart¬ 
ment provided for the preparation of ballots and at 
least three elsewhere about the polling-places upon 
the day of election. 

The Ballot to be Used. 

Each ballot used must have a perforated line run¬ 
ning across the top so as to leave the space upon it 
above the line once inch in width; and upon the 
portion above the line, which is to be known as 
“the stub,” nothing is to be printed. Upon each 
ballot below the stub there is to be printed “ in brevier 
lower case, type,” the name of each office to be filled 
at the election and the names of the candidates 
who have been duly certified as nominated either 
by a political convention or by “ independents ” 
by certificate. No ballot is to be wider than six 
inches, but it can be of any length sufficient to 
contain the titles of all the offices to be filled and 
the names of the candidates. The ballots are to 
be of such length below the stub as to allow three- 
eighths of an inch in the length of the ballot for 


17 


the name of each office and the same space for 
the name of each candidate. The stubs of each 
kind of ballots for each election district are to be 
numbered consecutively by printed numbers printed 
upon them. On the back of each ballot there is to 
be printed in the type known as “ Great Primer 
Roman Condensed Capitals,” the indorsement of 

“Official Ballot for .,” and after the “for” 

there shall follow the designation of the polling- 
place for which the ballot is prepared, the date of 
the election, and a fac simile of the signature 
of the county clerk. The ballots are to be of 
such form and the indorsement upon them so 
printed that they may be folded in the middle length¬ 
wise and then crosswise in such a way that the stub 
of each ballot can be removed without unfolding the 
ballot or exposing any of its contents, and that when 
so folded the whole of the indorsement shall be 
visible. (See section 17, Ballot Reform Act.) 

Unofficial Ballots. 

If the official ballots should be lost or stolen the 
town or city clerks may have ballots of a similar 
kind prepared. If from any cause neither the official 
ballots nor ballots prepared by the town or city clerk 
are ready for distribution, or if the supply of ballots 
is exhausted, unofficial ballots printed or written may 
be used. Unofficial ballots may also be used when¬ 
ever a candidate for any office duly nominated shall 
have died, shall be or become ineligible. 

Paster Ballots. 

The act also says that “ any voter may take with him 
into the voting booth or compartment a printed ballot 
of his own selection to be known as a “ paster ballot,” 
containing the names of all the offices to be filled 
and of the candidates therefor for whom he desires to 
3 



18 

vote, which paster ballot may be gummed on the 
back thereof, and the voter may paste the whole of 
such paster ballot on any of the official ballots below 
the stub. Any names so written or pasted upon the 
ballot shall be deemed the choice of the voter, not¬ 
withstanding the name of another candidate for the 
same office may be upon the original ballot without 
being erased, covered or concealed by the writing or 
paster. All pasters shall be of white paper and must 
be printed in type uniform with that required by this 
act to be used upon the ballots and shall be printed 
in plain black ink. A paster shall be so attached to 
the ballot that when the ballot is folded no portion of 
such paster shall be visible.” 

Inspectors and Ballot Clerks. 

The inspectors of election of each election district, 
except in districts where all of them are appointed, 
upon meeting and taking their oath of 'office are to 
appoint two of their number as ballot clerks. The 
inspectors who were elected are to appoint one ballot 
clerk, and the inspectors who were appointed are to 
appoint the other ballot clerk. In each election dis¬ 
trict, except a district in which all of the inspectors 
of election are appointed, the number of inspectors is 
to be five. Where there is a less number than five 
the vacancies are to be filled as now provided by law. 
After the vacancies are filled and each one of the five 
inspectors has qualified they are to appoint two of 
their number as ballot clerks. In districts where 
inspectors are not elected two ballot clerks are to be 
appointed and their appointment certified at the 
same time and in the same manner as is now pro¬ 
vided for in the case of inspectors, except that 
ballot clerks who are to serve at the fall election the 
present year, 1890, are to be appointed and their 
appointment certified at least ten days before Novem- 


19 

ber fourth. One of the ballot clerks under the 
terms of the law will be a Republican and the other a 
Democrat. (See section 22 of the Ballot Reform Act.) 

The Secret Booth. 

It is made the duty of election officers to provide 
voting booths or compartments for the use of voters 
in preparing their ballots in each polling-place. 
These are to have four sides inclosed, and are to beat 
least six feet in height. One side in front is to 
open and shut as a door swinging outward. The 
door is to extend to within two feet of the floor. 
The top of the door will be six feet from the 
floor. Within the booth, which must be at least 
three feet square, there shall be a shelf at least 
one foot wide, extending across one side of the 
booth or compartment at a convenient height for 
writing. Upon this shelf, to be provided by the 
election officers, there are to be pens, penholders, ink, 
blotting paper, pencils and mucilage, for the use of 
the voter in preparing his ballot. The law provides 
also that a guard-rail shall be constructed and so 
placed that only persons who are inside it can 
approach within six feet of the ballot-boxes or of the 
booths or compartments. The number of the writ¬ 
ing booths or compartments is not to be less than 
one for every fifty voters who voted at the last pre¬ 
ceding election in the district. 

Voting Ballots. 

At the opening of the polls the inspectors will open 
the packages containing the official ballots and will 
give them to the ballot-clerks. A qualified voter 
upon entering the polling-place will announce 
his name to the election officers. His name will 
thereupon be voted by the poll-clerks. Previously 
each voter’s name will have been numbered consecu- 


20 


tively by the poll-clerks with the number of the stub 
of the ballots which are to be given him. These 
ballots are now handed to him by the ballot clerks. 
The voter is to be given and to take with him into 
the booth or compartment one of each kind of ballots 
which shall have been furnished for use at that 
polling-place. Before, however, the ballots are given 
to the voter, each of the ballot clerks or a ballot 
clerk and an inspector must write his initials upon 
the stub of each of the ballots. The right of a voter 
to vote may be challenged. 

Procedure in Voting. 

Upon receiving his ballots the voter must retire 
alone to one of the voting booths and prepare his 
ballot. He can take any one of the ballots he 
chooses, and in making this selection he can use for 
comparison an unofficial ballot. If he has brought 
with him a “ paster ballot,” sent to him at his home, 
or given him 150 feet distant from the polls, or else¬ 
where obtained, he can paste this ballot upon any 
one of the official ballots, and make it his choice. 
After preparing his ballot, and before leaving the 
voting booth or compartment, the voter is to hold all 
the ballots delivered to him in the middle, lengthwise 
and then crosswise, but in such a way that the con¬ 
tents of the ballots shall be concealed, and the stubs 
can be removed without exposing any of the contents 
of the ballots. He is then to vote; but before his 
vote is to be received the number upon the stubs of 
his ballots are to be called out, and the number 
upon these stubs must correspond with the number 
noted against his name by the poll clerks. The 
inspectors of election are commanded to remove 
the stub from each ballot voted, in plain view of 
the voter, and without unfolding or disclosing the 
contents of the ballot, before it is deposited in 


21 


the ballot-box. The voter must then surrender to 
the inspectors all ballots not voted by him; the 
stubs of these ballots must be removed and the 
unvoted ballots must be deposited in a box. After 
the votes are canvassed the ballots in this box are 
to be burned by the inspectors without examina¬ 
tion. Only one voter at a time will be permitted in a 
booth. Each voter is to remain in the booth at least 
three minutes and in no case longer than ten min¬ 
utes. If a voter spoils a ballot he may obtain 
another full set from- the ballot-clerks upon return¬ 
ing to them the set of ballots containing the spoiled 
ballots. (See section 27 of the Ballot Reform Act.) 
Any voter who declares under oath that by reason of 
physical disability he is unable to prepare his ballot 
without assistance will be permitted to bring with 
him to the booth or compartment a person of his own 
selection, who is authorized to retire with the dis¬ 
abled voter to the booth and assist him in the prepara¬ 
tion of the ballot. The law prohibits voters from 
divulging the name of any candidate for whom they 
have voted. 

Electioneering 

The law also says that “no person shall do any 
electioneering on election day within any polling 
place or in any public street or room, or in a public 
manner, within one hundred and fifty feet of any 
polling place. ” It is made a misdemeanor for a voter 
to receive an official ballot from any other person 
than one of the ballot clerks. 

Voting by Workingmen. 

All voters who are employed by others, such as 
manufacturers or corporations, or business men of 
any kind, are entitled to two hours’ leave of absence 
from their place of labor in order to vote. 
It is made a misdemeanor to deny them this 


22 


right. They must, however, apply for a leave of 
absence prior to the day of election; and employers 
may specify the hours during which an employe may 
absent himself. 

Town and Village Nominations. 

Specific instructions in regard to town and village 
nominations are given in section 38 of the Ballot 
Keform Law; and section 43, of the same act, pro¬ 
vides for the election of election inspectors. 

The act takes effect upon July 1, 1890. 


Chapter II. 

The City and Kijral Kegistration Law. 

The Legislature also passed and the Governor 
signed a general registration act. This act extends 
the personal registration law of New York and 
Brooklyn over the other cities of the State; and pro¬ 
vides that the towns, villages and other places where 
rural voters cast their ballots shall come under the 
registration law that formerly applied to the cities of 
the State, except New York and Brooklyn. The chief 
feature of the new law is its provision that every voter 
in the minor cities of the State in order to gain the 
right to vote must yearly present himself before the 
boards of registry and personally register his name. 
Up to the present year, 1890, ther egistration law 
respecting the minor cities said that except upon 
the last day of registration a voter need not per¬ 
sonally appear before the board of registry, but 
his name might be put upon the registration 
lists by a friend. This law, as stated, is now abro¬ 
gated. Every voter must register his name person¬ 
ally. Elsewhere than in cities, in villages, in towns, 
in farming communities, the name of a voter can be 



23 

placed upon the registry list, except on the last day 
of registry, by another duly qualified voter, when it 
is proved to the satisfaction of the board of registry 
that such a name should be put upon the registry 
lists. Upon the last day of registry, however, the 
voter must personally appear in order to have his 
name placed upon the registration lists. 

The City Registration. 

The cities whose voters under the new law must 
personally register their names are Albany, Amster¬ 
dam, Auburn, Binghamton, Buffalo, Cohoes, 
Corning, Dunkirk, Elmira, Gloversville, Hornells- 
ville, Hudson, Ithaca, Jamestown, Kingston, Lock- 
port, Middletown, Newburgh, Ogdensburgh, Oswego, 
Poughkeepsie, Rochester, Rome, Schenectady, Syra¬ 
cuse, Troy, Utica, Watertown and Yonkers. 

There will be four days of registration in these 
cities. These will be the days of registration the 
present year, 1890: 


First day. Saturday, October 4. 

Second day. Saturday, October 11. 

Third day.Saturday, October 18. 

Fourth day. Saturday, October 25. 


The Secretary of State will furnish the blank books 
of registry for all the cities, towns and villages, 
except the cities of New York and Brooklyn. 

Rural Registration. 

Elsewhere than in cities the boards of registry 
upon meeting upon October fourth, under the com¬ 
mand of the law, are to place upon the books of 
registry “ the names of all persons qualified to vote 
in such district at such election which appear upon the 
poll-list of the next preceding general election held 
in the district.” The law also says that on this first 
day of registry and upon the second day of registry 






24 




the board of registry shall place upon the registry 
lists “ the names of all other persons known or proven 
to the satisfaction of the board to be so qualified, and 
shall, at every meeting of the board, place upon such 
list the name of every person so qualified who per¬ 
sonally appears before the board and requests to 
have his name placed thereon.” 

The law makes fraudulent registration a felony. 

No Saturday is to be deemed a holiday, nor is any 
Saturday afternoon to be deemed a half-holiday so 
as to effect any proceeding or meeting of a board of 
registry. 

In towns, villages and rural neighborhoods, the 
days of registry the present year, 1890, will be as 


follows: 

First day. Saturday, October 18. 

Second day. Saturday, October 25. 

Third day. Friday, October 31. 


Boards of registry should examine with care section 
24 of the General Kegistration Act, chapter 321 of the 
Laws of New York, in this pamphlet and learn what 
registration laws have been repealed. Such boards 
of registry as have ‘‘The election Code of the State 
of New York,” issued in 1885 under the direction of 
Joseph B. Carr, then Secretary of State, by a compari¬ 
son of that Code with section 24 of the General 
Registration Act will perceive that sections 164 to 220, 
inclusive, of the election Code, pages 69 to 94, are 
repealed. 






25 


Chapter III. 

The Brooklyn Registration Law. 

The Legislature also passed an act, which is inclu¬ 
ded in this pamphlet, giving the city of Brooklyn an 
additional day of registration and modifying and 
enlarging the duties of the boards of registry of that 
city. Under that law the days of registry in Brook¬ 
lyn the present year, 1890, will be as follows: 


First day. Tuesday, October 7. 

Second day. Wednesday, October 15. 

Third day. Friday, October 24. 

Fourth day. Saturday, October 25. 


Chapter IY. 

The Enabling Act. 

A good many cities under their charters would be 
unable to raise money to carry out the Ballot 
Reform Act, to make provision for erecting voting 
booths and compartments, guard rails and for the 
construction of ballot-boxes, unless the Legislature 
had passed an enabling act. This is chapter 330 of 
the Laws of 1890. It will be found in this pamphlet. 


Chapter V. 

The Town Meeting Act. 

An important amendment was made in relation to 
town meetings in chapter 341 of the Laws of 1890, to 
be found elsewhere in this pamphlet. Under this act 
the town clerks are to provide ballots in case an 
appropriation or a tax is proposed; and these ballots 
are to contain a written or printed statement of the 
amounts and purposes of each specific appropri- 
4 









26 


ation, with the words "yes” or "no” opposite 
each proposed appropriation; so that any 
elector can erase either the affirmative or negative 
words appearing opposite any specific appropriation. 


Chapter VI. 

The Corrupt Practices Act. 

The Legislature passed a law generally known as 
"The Corrupt Practices Act ” which every candidate 
for office should read. It is chapter 94 of the Laws of 
1890. It amends the Penal Code hy making it unlaw¬ 
ful for any person, directly or indirectly, by himself 
or through any other person, to bribe voters in any 
manner to vote for him. It also makes it unlawful 
for a voter to receive any kind of a bribe. 

Furthermore it says that " every candidate who is 
voted for at any public election held within this State 
shall within ten days after that election file ” with a 
public officer, who is specified in each instance, " an 
itemized statement showing in detail all the moneys 
contributed or expended by him directly or indirectly 
by himself or through any other person, in aid of his 
election.” A copy of this law is included in this 
pamphlet. 


Chapter VII. 

The New Election Districts. 

One of the most radical changes made in the elec¬ 
tion laws by the series of acts passed this year, 1890, 
is the provision that election districts hereafter shall 
not contain over 300 voters. 

Section 23 of the Ballot Reform Act says: "On or 
before the first day of September, in the year eighteen 



27 

hundred and ninety, and in each year thereafter the 
officers now charged by law with the division or alter¬ 
ation of election districts shall alter or divide the 
existing election districts, whenever necessary, in 
such manner that each election district shall not con¬ 
tain more than three hundred voters.” 

There are now 3,545 election districts in the State. 
It is estimated by the Secretary of State, that at least 
4,500 election districts will be needed under the new 
law, and if an allowance is to be made for the natural 
increase of the number of voters in each district, there 
must be 5,000 election districts at the next election. 

It will be seen that the law says that this division 
of election districts, into districts not containing over 
300 voters must be made before the first day of Sep¬ 
tember, 1890. 

In towns, the officers charged with this division 
and apportionment of election districts are the super¬ 
visor, the assessors and the town clerk. They are to 
meet at the town clerk’s office and make out a certifi¬ 
cate of the new districts. This certificate is to be 
filed in the town clerk’s office. (Laws of 1880, chap¬ 
ter 437, amending Laws of 1842; see Revised Statutes 
8th edition, volume 1, page 414, sections 15 and 16; 
and Birdseye’s Revised Statutes, volume 1, pages 929 
and 930, sections 30 and 31; Election Code, pages 63-5, 
sections 154 and 155.) 

In cilies the board to make the division of election 
districts is usually the common council. In New 
York and Brooklyn their present election laws govern. 

Inspectors for New Election Districts. 

By section 22, of the Ballot Reform Act, if the num¬ 
ber of inspectors of election left resident in any new 
election district is less than five, the remainder of the 
five seats of inspectors are deemed vacant and are to 
be filled as now provided by law. By the previous 


28 


law (section 22, title 3, chapter 130, Laws of 1842; first 
Revised Statutes, 8th edition, page 416; Birdseye’s 
Revised Statutes, volume 1, page 931, section 37; 
Election Code, page 67, section 161), the supervisor 
of the town, or in case of his absence or inability 
the town clerk shall appoint a time and place for 
a meeting of the supervisor, town clerk and justices 
of the peace of the town to fill these vacancies. 
Three of the inspectors are to belong to one political 
party and two to another. By the same section 
of the act of 1842 the vacancies in a city are to be 
filled by the common council of the city. And by 
section 22 of the Ballot Reform Act immediately upon 
the filing of such vacancies and the qualifying of the 
five inspectors of election they shall appoint two of 
their number to be ballot clerks, one to be chosen 
from each political party. 

The above must be modified to this effect: It 
applies only to those places where inspectors of elec¬ 
tion are elective officers. Where inspectors of election 
are appointive officers only three of such inspectors 
of election are to be appointed as such, and the same 
body which appoints the three inspectors must also 
appoint two ballot clerks, one for each paity, in like 
manner. 

In New York and Brooklyn the inspectors of 
election and ballot clerks must be in office and 
qualified before Tuesday, October seven; in other 
cities before Saturday, October four; outside of 
cities before Saturday, October eighteenth. There¬ 
fore, to be safe, the redistribution of election districts 
must be made before September first, and the filling 
of the vacancies in the offices of inspectors of election 
and ballot clerks should be made during the month 
of September. 

The polling-places must be designated on the first 
Monday in September by the supervisor, town clerk 


29 


and assessors. These officers and the common coun¬ 
cils of cities must therefore hold two meetings, one 
before September first to readjust the election dis¬ 
tricts, and a second meeting on the first Monday in 
September to appoint the polling-place in each 
district; and in the meantime where new election dis¬ 
tricts are created, the supervisor, the justices of the 
peace and the town clerk of each town, must hold an 
intermediate meeting for the purpose of filling out 
the number of inspectors of election in the new elec¬ 
tion districts. This meeting should be held promptly 
after the division of election districts, and must be 
held before Saturday, October 18 , the day for the first 
meeting of the inspectors as a board of registry. 


PARTY NOMINATION CERTIFICATE. 


STATE OP NEW YORK. 

Convention Certificate of Nomination for a State Office 
t>y a State Convention 

To the Secretary of State , Albany, N. Y. : 

We certify that a convention of delegates repre¬ 
senting the.party, a party 

which, at the last preceding election, polled at least 
one per cent of the entire vote cast in the State, was 

held at.on the. 

day of.1890, for the purpose 

of nominating a candidate for a State office to be 
filled at the next ensuing general election, and that 
the following nomination was made therefor: 


Office to be 
filled. 

Name of the 
candidate. 

Party or polit¬ 
ical principle 
represented. 

Place of resi¬ 
dence of can¬ 
didate.* 


















(Name). 

Presiding Officer of Convention. 
(Residence, city or town, street and number, if any.) 

(Name). 

Secretary of Convention. 
(Residence, city or town, street and number, if any.) 


* If in a city, the street and number of his residence and 
place of business. 




























31 


Affidavit to be Annexed. 


State of New York 
County of. 



A B and C D, being severally sworn, each for 
himself, says that the said A B was the presiding 
officer of the convention of delegates mentioned and 
described in the foregoing certificate, and that the 
said C D was the secretary of such convention, and 
that said certificate and the statements therein con¬ 
tained are true to the best of his knowledge and 
belief. 


AB. 

CD. 


Severally subscribed and st 

to before me, this. 

day of. 



E F, 

Notary Public . 





PARTY NOMINATION CERTIFICATE. 


STATE OF NEW YORK. 

Committee Certificate of Nomination for a State Office 
by a State Committee. 

To the Secretary of State , Albany , N. Y.: 

We certify that a convention of delegates repre¬ 
senting the.party, a party 

which, at the last preceding election, polled at least 
one per cent of the entire vote cast in the State, was 

held at.on the. 

day of.1889, and that the following 

resolution was passed, authorizing the State Commit- 

teo of the.party, in lieu 

of a State Convention being held in the year 1890, to 
nominate a candidate, or candidates, for whatever 
State office or offices might be about to become 
vacant. 

Note.— Here insert resolution passed by the Convention. 

In accordance with the above resolution, the State 

Committee of the.party 

met at.on the. 

day of. 1890, for the pur¬ 

pose of nominating a candidate for a State office to be 
filled at the next ensuing general election, and the 
following nomination was made therefor: 













33 


Office to be 
filled. 

Name of the 
candidate. 

Party or polit¬ 
ical principle 
represented. 

Place of resi¬ 
dence.* 


















(Name). 

Chairman of . State Committee. 

(.Residence, city or town, street and number, if any.) 

(Name). 

Secretary of . State Committee. 

(Residence, city or town, street and number, if any.) 


Affidavit to be Annexed. 


State or New York, 
County of. 



A B and C D, being severally sworn, each for 
himself, says the said A B is the chairman of the 
State Committee of the.party men¬ 

tioned, and presided at the meeting described in the 
foregoing certificate, and that the said C D is the 

secretary of the State Committee of the. 

party mentioned, and acted as secretary at the meet¬ 
ing described in said certificate, and that said cer¬ 
tificate and the statements therein contained are true 
to the best of his knowledge and belief. 

AB. 

CD. 

Severally subscribed and sworn \ 

to before me this. r 

day of.1890. ) 

E F, 

Notary Public. 


*If in a city, the street and number of his residence and 
place of business. 


5 






























PARTY NOMINATION CERTIFICATE. 


STATE OF NEW YORK. 

Convention Certificate of Nomination for a Candidate 
voted for by tbe Voters of only one County or a 
portion of a County. 

To the County Clerk of . County, N. Y. State: 

We certify that a convention of delegates repre¬ 
senting the.party, a party 

which, at the last preceding election, polled at least 

one per cent of the entire vote cast in. 

county, was held at (city or town), on the. 

day of.. 1890, for the purpose of 

nominating a candidate for an office to be filled at the 
next ensuing general election, and that the following 
nomination was made therefor: 


Office to be 
filled. 

Name of the 
candidate. 

i Party or polit- 
1 ical principle 
represented. 

Place of resi¬ 
dence of can¬ 
didate.* 


















(Name.). 

Presiding Officer of Convention. 


(Residence, city or town, street and number, if any.) 

(Name.). 

Secretary of Convention. 
(Residence, city or town, street and number, if any.) 

If in a city, the street and number of his residence and 
place of business. 


























35 


Affidavit to be Annexed, 


State of New York, 
County of. 


| ss.: 


A B and C D, being severally sworn, each for 
himself, says that the said A B was the presiding 
officer of the convention of delegates mentioned and 
described in the foregoing certificate, and that the 
said C D was the secretary of such convention, and 
that said certificate and the statements therein con¬ 
tained are true to the best of his knowledge and 
belief. 


AB 

CD 


Severally subscribed and svi 

to before me this. 

day of. 



E F, 

Notary Fublic, 


/ 





PARTY NOMINATION CERTIFICATE. 


STATE OF NEW YORK. 

Convention Certificate of Nomination for an Office 
covering a Division or District greater than a 
County. 

To the Secretary of State , Albany , N. Y.: 

We certify that a convention of delegates repre¬ 
senting.party, a party 

which, at the last preceding election, polled at least 

one per cent of the entire vote cast in.. 

(Here state the district or division.) 

was held at.on the. 

day of.for the purpose of 

nominating a candidate for a State office to be filled 
at the next general election, and that the following 
nomination was made therefor: 


Office to be 
filled. 

Name of the 
candidate. 

Party or^polit- 
ical principle 
represented. 

Place of resi¬ 
dence of can¬ 
didate.* 


















(Name.). 

Presiding Officer of Convention. 
° (Residence, city or town, street and number, if any.) 


If in a city, the street and number of his residence and 
place of business. 























37 


Affidavit to l>e Annexed. 


State oe New York, 
County of. 



A B and C D, being severally sworn, each for 
himself, says that the said A B was the presiding 
officer of the convention of delegates mentioned and 
described in the foregoing certificate, and that the 
said C D was th* secretary of such convention, and 
that said certificate and the statements therein con¬ 
tained are true to the best of his knowledge and 
belief. 


A B. 
C D. 


Severally subscribed and S'* 
to before me, this. 



day of.1890 


E F 


Notary Public , 





PARTY NOMINATION CERTIFICATE. 


STATE OF NEW YORK. 

Certificate of Nomination for a Ward, Town or Village 


Office. 

We certify that a primary meeting of the voters of 

the.party, a party 

which at the last preceding election polled at least 

one per cent of the entire vote cast in. 

(Name of ward, town or village.) 

was held at.on the. 

day of. 1890, for the purpose 


of nominating a candidate for. 

(Here name ward, town or village office.) 
to be filled at the next ensuing general election, and 
that the following nomination was made therefor: 


Office to be 
filled. 

Name of the 
candidate. 

Party or polif- 
ical principle 
represented. 

Place of resi¬ 
dence of can¬ 
didate.* 

















Affidavit to fie Annexed. 


State of New York, 
County of. 


ss. : 


A B and C D, being severally sworn, each for 
himself, says that the said A B was the presiding 
officer of the primary meeting mentioned and 


*If in a city, the street and number of his residence and 
place of business. 




























39 


described in the foregoing certificate, and that the 
said C D was the secretary of said primary meeting, 
and that said certificate and the statements therein 
contained are true to the best of his knowledge and 
belief. 


AB. 

CD. 


Severally subscribed and st 

to before me, this. 

day of. 



EF, 

Notary Public. 




\ 


Independent Nomination Certificate. 


STATE OF NEW TORE. 

Nomination Certificate for a State Office, when made 
by Independents. 

To the Secretary of State , Albany , N. Y.: 

We, the undersigned duly qualified voters of the 
State of New York, representing. 

(Civil Service Reform, for instance.) 

in accordance with the provisions of chapter 262 of 
the Laws of 1890, hereby make the following nomi¬ 
nation for a State office to be filled at the next ensuing 
general election in the State of New York: 


Office to be 
filled. 

Name of the 
candidate. 

Political name 
which signers 
select.* 

Place of resi¬ 
dence of the 
man nomin¬ 
ated.! 


















And we do designate and appoint 


(Name, residence and place of business.) 
to represent the signers of this certificate for the pur¬ 
poses set forth in section 17 of chapter 262 of the Laws 
of 1890. 


* Not more than five words to be used. 

t If in a city, also the street and number of residence and 
place of business,, 






















41 


Signatures.* 

Residences, town or city, street and 
street number, if any. 
















Acknowledgment and Affidavit of Each Signer to be 
Annexed to tlie Certificate signed by bim. 

State of New York, 

County of. 



On this.day of.. 1890, 

before me personally appeared A B, to me known to 
be one of the persons described in and who signed the 
foregoing certificate and acknowledged that he signed 
the same, and the said A B, being by me duly sworn, 

deposes and says that he is a voter in the. 

of.in said county, and that he 

has truly stated his residence in his statement of his 
place of residence added to his said signature. 

AB. 

Acknowledged, subscribed and 1 

sworn to before me this.?- 

day of.1890. ) 

E F, 

Notary Public. 


* This certificate must be signed by at least l,ooo voters, but 
all the signatures need not be upon one paper. 

6 
























Independent Nomination Certificate. 


STATE OF NEW YORK. 

Nomination Certificate for an Office voted for by the 
Voters of more than one County, when made by 
Independents. 

To the Secretary of State, Albany, N. Y.: 

We, the undersigned duly qualified voters of the 

State of New York, representing. 

(Civil Service Reform, for instance.) 
in accordance with the provisions of chapter 262 of 
the Laws of 1890, hereby make the following nomi¬ 
nation for an office to be filled at the next ensuing 
general election in the State of New York: 


Office to be 
filled. 

Name of the 
candidate. 

Political name 
which signers 
select.* 

Place of resi¬ 
dence of the 
man nomi- 
nated.t 


















And we do designate and appoint 


(Name, residence and place of business.) 
to represent the signers of this certificate for the 
purposes set forth in section 17 of chapter 262 of the 
Laws of 1890. 


*Not more than five words to be used. 

t If in a city, also the street and number of residence and 
place of business. 























43 


Signatures.* 

Residences, town or city, street and 
street number, if any. 










Acknowledgment and Affidavit of Each Signer to be 
Annexed to tbe Certificate Signed by Kim. 

State of New York, ) 

County of. I 


On this.day of.1890, before me 

personally appeared A B, to me known to be one of 
the persons described in and who signed the fore¬ 
going certificate, and acknowledged that he signed 
the same, and the said A B, being by me duly 
sworn, deposes and says that he is a voter in the 

.of.in said 

county, and that he has truly stated his residence in 
his statement of his place of residence added to his 
said signature. 

AB. 

Acknowledged, subscribed and 

sworn to before me this. 

day of.1890. 

EF, 

Notary Public. 


* This certificate must be signed by at least two hundred and 
fifty voters; but all the signatures need not be upon one paper. 























Independent Nomination Certificate. 


STATE OF NEW YORK. 

Nomination Certificate for an Office voted for l»y thtj 
Voters of a County or City (New Vorlc and Kings 
County and New York and Brooklyn excepted), when 
made l»y Independents. 

To the County Clerk of the County of . 

We, the undersigned duly qualified voters of the 

State of New York, representing. 

(Civil Service Reform, for instance.) 
in accordance with the provisions of chapter 262 of 
the Laws of 1890, hereby make the following nomi¬ 
nation for an office to be filled at the next ensuing 
general election in the State of New York: 


Office to be 
tilled. 

Name of the 
candidate 

Political name 
which signers 
select.* 

Place of resi¬ 
dence of the 
man nomin¬ 
ated, t 


















And we do designate and appoint 


(Name, residence and place of business.) 
to represent the signers of this certificate for the 
purposes set forth in section 17 of chapter 262 of the 
Laws of 1890. 


*Not more than five words to be used. 

tlf in a city, also the street and number of residence and 
place of business. 
































45 


Signatures.* 

Residences, town or city, street and 
street number, if any. 










Acknowledgment and Affidavit of Each Signer to be 
Annexed to tlie Certificate Signed toy Him. 

State of New York, j 
County of . j 


On this.day of.1890, before me 

personally appeared A B, to me known to be one of 
the persons described in and who signed the fore¬ 
going certificate, and acknowledged that he signed 
the same, and the said A B, being by me duly 
sworn, deposes and says that he is a voter in the 

.of.in said 

county, and that he has truly stated his residence in 
his statement of his' place of residence added to his 
said signature. 

AB. 

Acknowledged, subscribed andl 

sworn to before me this. 

day of.1890. ; 

EF, 

Notary Public. 


* This certificate must be signed by at least two hundred and 
fifty voters; but 9.11 the signatures need not be upon one paper. 





















Independent Nomination Certificate. 


STATE OF NEW YORK. 

Nomination Certificate for an Office to be filled by tbe 
Voters of tbe City and County of New Yorlt, or of the 
County of Kings, or of the City of Brooklyn, when 
made by Independents. 

To the County Clerk of . County , N. Y.: 

We, the undersigned, duly qualified voters of the ; 

State of New York, representing. ! 

(Civil Service Reform, for instance.) 
in accordance with the provisions of chapter 262 of the 
Laws of 1890, hereby make the following nomination 
for an office to be filled at the next ensuing general 
election in the State of New York: 


Office to be 
filled. 

Name of the 
candidate. 

Political name 
which signers 
select.* 

Place of resi¬ 
dence of the 
man nomi¬ 
nated.! 


















And we do designate and appoint 


(Name, residence and place of business.) 
to represent the signers of this certificate, for the 
purposes set forth in section 17 of chapter 262 of the 
Laws of 1890. 


* Not more than five words to be used. 

+ If in a city, also the street and number of residence and 
place of business. 






















47 


Signatures.* 

Residences, town or city, street and 
street number, if any. 










Acknowledgment and Affidavit of each Signer to be 
Annexed to tlie Certificate Signed by bim. 

State of New York, ) 

>• ss. : 

County of. ) 

On this.day of. 1890, before me 

personally appeared A B, to me known to be one of 
the persons described in and who signed the foregoing 
certificate; and acknowledged that he signed the 
same, and the said A B, being by me duly sworn, 

deposes and says that he is a voter in the. 

of.in said county, and that he has 

truly stated his residence in his statement of his 
place of residence added to his said signature. 

AB. 

Acknowledged, subscribed and J 

sworn to before me this.r 

day of. 1890.; 

EF, 

Notary Public. 


♦This certificate must be signed by at least three hundred 
voters: but all of the signatures need not be upon one paper. 




















Independent Nomination Certificate. 


STATE OF NEW YORK. 

Nomination Certificate, when tlie Nomination is for an 
Office to be Filled by all tbe Voters of a Ward, Town or 
Village, when made by Independents. 


To the County Clerk of the County of . N. Y.: 

We, the undersigned, duly qualified voters of the 

State of New York, representing.. 

(Civil Service Reform, for instance.) 
in accordance with the provisions of chapter 262 of 
the Laws of 1800, hereby make the following nomi¬ 
nation for an office to be filled at the next ensuing 
general election in the State of New York: 


Office to be 
filled. 

Name of the 
candidate. 

Political name 
which signers 
select.* 

Place of resi¬ 
dence of the 
man nomi¬ 
nated, t 


















And we do designate and appoint. 

(Name, residence and place of business.) 
to represent the signers of this certificate for the pur¬ 
poses set forth in section 17 of chapter 262 of the 
Laws of 1890. 


* Not more than five words to be used. 

t If in a city, also the street and number of residence and 
place of business. 





















49 


Signatures.* 

Residences, town or city, street and 
street number, if any. 










Acknowledgment and Affidavit of Each Signer to toe 
Annexed to the Certificate signed toy him. 

State of New York, 

County of. 

On this.day of.1890, 

before me personally appeared A B, to me known to 
be one of the persons described in and who signed 
the foregoing certificate, and acknowledged that he 
signed the same, and the said A B, being by me 
duly sworn, deposes and says that he is a voter in 

the.of.in said 

county, and that he has truly stated his residence in 
his statement of his place of residence added to his 
said signature. 

AB. 

Acknowledged, subscribed and J 

sworn to before me this.> 

day of.1890. ) 

E. F, 

Notary Public. 


*This certificate must be signed by at least fifty voters; but 
all the signatures need not be upon one paper. 

7 






















Independent Nomination Certificate. 


STATE OF NEW YORK. 

Nomination Certificate for Member of Assembly in any 
County, or for an Office to be Filled Wholly or in 
Part by the Voters of only a Portion of the City and 
County of New York, of the County of Kings or of 
Brooklyn, when made by Independents. 

To the County Clerk of . County , N. Y.: 

We, the undersigned, duly qualified voters of the 

State of New York, representing. 

(Civil Service Reform, for instance.) 
in accordance with the provisions of chapter 262 of 
the Laws of 1890, hereby make the following nomi¬ 
nation for an office to be filled at the next ensuing 
general election in the State of New York: 


Office to be 
filled. 

Name of the 
candidate. 

Political name 
which signers 
select.* 

Place of resi¬ 
dence of the 
man nomin¬ 
ated. t 


















And we do designate and appoint 


(Name, residence and place of business.) 
to represent the signers of this certificate, for the 
purposes set forth in section 17 of chapter 262 of the 
Laws of 1890. 

* Not more than five words to be used. 

t If in a city, also the street and number of residence and 
place of business, if any. 
























51 


Signatures.* 

Besidences, town or city, street and 
street number, i£ any. 










Acknowledgment and Affidavit of cat'll Signer to toe 
Annexed to the Certificate Signed toy Him. 

State of New Yoke, 

County of. 



On this...day of., 1890, before 

me personally appeared A B, to me known to be one 
of the persons described in and who signs the fore¬ 
going certificate, and acknowledged that he signed 
the same, and the said A B, being by me duly sworn, 

deposes and says that he is a voter in the. 

of.in said county, and that he has 

truly stated his residence in his statement of his 
place of residence added to his said signature. 

AB. 

Acknowledged, subscribed and 

sworn to before me this. 

day of.1890. 

EF, 

Notary Public. 



♦This certificate must be signed by at least one hundred 
voters; but all the signatures need not be upon one paper. 
























THE 


New York Ballot Reform Law 


Chap. 262, Laws 1890; Approved by Governor, May 2,1890. 


AN ACT 

To Promote the Independence of Voters at Public 
Elections, Enforce the Secrecy of the Ballot, 
and Provide for the Printing and Distribution 
of Ballots at Public Expense. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1 . Official ballots will be printed.—All 
ballots cast in elections for public office within this 
state shall be printed and distributed at public 
expense. The printing of ballots and cards of instruc¬ 
tion for the voters in each county, and the delivery of 
the same to the clerks and election officers, as here¬ 
inafter provided, shall be a county charge, the pay¬ 
ment of which shall be provided for in the same 
manner as the payment of other county expenses; 
but the expense of printing and delivering the bal¬ 
lots and cards of instruction to be used in local 
elections shall be a charge upon the city, town or 
village in which such local election shall be held. 

§ 2 . Who may make nominations.— Any conven¬ 
tion or primary meeting, as hereinafter defined, 




53 


held for the purpose of making nominations to 
public office, and also voters to the number herein¬ 
after specified, may nominate candidates for pub¬ 
lic office to be filled by election within the state. 
A convention or primary meeting within the mean¬ 
ing of this act is an organized assemblage of voters 
or delegates representing a political party which, at 
the last election before the holding of such conven¬ 
tion or primary meeting, polled at least one per centum 
of the entire vote cast in the state, county or other 
division or district for which the nomination is made. 
A committee appointed by any such convention or 
primary meeting may also make nominations to pub¬ 
lic office when authorized to do so by resolution duly 
passed by the convention or meeting at which such 
committee was appointed. 

§3. Certificates of nomination.—All nominations 
made by such convention, committee or primary 
meeting shall be certified as follows: The certificate 
of nomination, which shall be in writing, shall con¬ 
tain the name of the office for which each person 
is nominated, the name and residence of each such 
person, and if in a city the street, number of resi¬ 
dence and of place of business, if any, and shall 
designate in not more than five words, the party 
which such convention, committee or primary meet¬ 
ing represents. It shall be signed by the presiding 
officer and secretary of such convention, commit¬ 
tee or primary meeting, who shall add to their sig¬ 
natures their respective places of residence, and make 
oath before an officer qualified to administer the 
same, that the affiants were such officers of such con¬ 
vention, committee or primary meeting, and that said 
certificates and the statements therein contained are 
true to the best of their knowledge and belief. A cer¬ 
tificate that such oath has been administered shall be 


54 

made and signed by the officer before whom the same 
was taken and attached to such certificate of nomina¬ 
tion. When the nomination is made by a committee, 
the certificate of nomination shall also contain a 
copy of the resolution passed at the convention or 
primary meeting which authorized the committee to 
make such nomination. 

§ 4. ’When certificates of nomination must be 
filed.—Certificates of nomination of candidates for 
offices to be filled by the voters of the entire state, 
or of any division or district greater than a county, 
shall be filed with the secretary of state, except as in 
this section otherwise provided. All other certificates 
of nomination shall be filed with the clerks of the 
respective counties wherein the officers are to be 
elected. The certificate of a nomination for mem¬ 
ber of assembly in the counties of Fulton and Hamil¬ 
ton shall be filed in the office of the county clerk of 
Fulton county, .and a copy thereof certified by said 
county clerk of Fulton county shall be filed in the 
office of the county clerk of Hamilton county. The 
certificate of nomination for senator for the fifth sen¬ 
atorial district shall be filed in the office of the clerk 
of the city and county of New York, and a copy 
thereof certified by said clerk shall be filed in the 
office of the county clerk of Kichmond county. 

§ 5. Independent citizens may make nomina¬ 
tions.—Candidates for public office may be nomin¬ 
ated otherwise than by a convention, committee or 
primary meeting in the manner following: A certifi¬ 
cate of nomination containing the name of a candi¬ 
date for the office to be filled, with such information 
as is required to be given in certificates provided for 
by section three of this act; except that the said 
certificate shall designate in not more than five. 




55 


words, instead of the party, the political or other 
name which the signers shall select, shall be signed 
by voters residing within the district or political 
division in and for which the officer or officers are to 
be elected, to the number of at least one thousand, 
when the nomination is for an office to be filled by 
the voters of the entire state; of at least two hundred 
and fifty when the nomination is for an office to be 
filled by the voters of a district less than the state 
and greater than a county (except the assembly dis¬ 
trict composed of Fulton and Hamilton counties), or 
by the voters of a county or city; of at least one 
hundred when a nomination is for an office to be 
filled by the voters of an assembly district; of at least 
fifty when the nomination is for an office to be filled 
by all the voters of a ward, town or village; but when 
the nomination is for an office to be filled by the 
voters of the city and county of New York, or of the 
county of Kings or of the city of Brooklyn, the num¬ 
ber of signatures so required shall not be less than 
three hundred, and when the nomination is for an 
office to be filled wholly or in part by the voters of 
only a portion of said city and county of New York, 
or the said county of Kings or of the said city of 
Brooklyn, less than the whole, such number shall 
not be less than one hundred. The signatures to the 
certificate of nomination need not all be appended to 
one paper. The certificate may designate and 
appoint upon the face thereof one or more persons 
who for the purposes set forth in section seventeen of 
this act shall represent the signers of said certifi¬ 
cate. Each voter signing a certificate shall add to 
his signature his place of residence, and shall, before 
an officer duly authorized to take acknowledgments, 
acknowledge his signature, and make oath that he is 
a voter, and has truly stated his residence. Such 
certificate, when executed and acknowledged as 


56 

above prescribed, may be filed as provided for in 
section four of this act, in the same manner and with 
the same effect as a certificate of nomination made 
by a party convention, committee or primary 
meeting. 

§ 6. One name on a certificate.—No certificate of 
nomination shall contain the names of more candi¬ 
dates for any office than there are persons to be 
elected to such office. No person shall sign more 
than one certificate of nomination for any office. 

§ 7. Preservation of certificates.— The secretary of 
state shall cause to be preserved in his office all 
certificates of nomination filed therein under the pro¬ 
visions of this act; and each county clerk shall cause 
to be preserved in his office all certificates of nomi¬ 
nation filed therein under the provisions of this act. 
All such certificates shall be open to public inspec¬ 
tion, under proper regulations, to be made by the 
officers with whom the same are filed. 

§ 8. When certificate must be filed.—When nomi¬ 
nations are made by a convention, committee or 
primary meeting, as provided for in section three 
of this act, the certificates of nomination to be 
filed with the secretary of state shall be filed not 
more than forty nor less than twenty-five days 
before the day fixed by law for the election of the 
persons in nomination; and the certificates of nomi¬ 
nation herein directed to be filed with a county 
clerk shall be filed not more than thirty nor less 
than twenty days before election. Certificates of 
nomination otherwise than by a convention, commit¬ 
tee or primary meeting, made according to the pro¬ 
visions of section five of this act, shall, when required 
to be filed with the secretary of state, be filed not 


57 

more than forty nor less than fifteen days before elec¬ 
tion ; and when required to be filed with the county 
clerk, shall be filed not more than thirty nor less than 
twelve days before election. 

§ 9. Certification of nominations.— The secretary 
of state shall immediately, upon the expiration of the 
time within which certificates of nomination may be 
filed with him, certify to the county clerk of each 
county within which aoy of the voters may by law 
vote for a candidate or candidates named in the cer¬ 
tificate, the name and description of each of such 
candidates, together with the other details mentioned 
in the certificate of nomination so filed with the 
secretary of state. 

§ 10. The duties of county clerks.—At least six 
days before an election to fill any public office, 
the county clerk of each county shall cause to be 
published in not less than two nor more than 
four newspapers within the county, a list of all 
nominations to office certified to him under the pro¬ 
visions of this act. Such publication shall contain 
the name and residence and if in a city the street 
number of residence and of place of business if any, 
and the party or other designation of each candidate. 
In case of municipal elections such publication of the 
names of candidates for municipal office shall be 
made in newspapers which are published within the 
municipality where the election is to be held. One 
of such publications shall be made in a newspaper 
which advocates the principles of the political party 
that at the last preceding election cast the largest 
number of votes in the state; and another of such 
publications shall be made in a newspaper which 
advocates the principles of the political party that at 
the last preceding election cast the next largest num- 
8 


58 

ber of votes in the state. The county clerk in select¬ 
ing the respective papers for such publication, shall 
select those which, according to the best information 
he can obtain, have the largest circulation within 
such city or county. In making additional publica¬ 
tions the county clerk shall keep in view the object of 
giving information, so fa*r as possible to the voters of 
all political parties; and in no event shall such addi¬ 
tional publications be made in two newspapers repre¬ 
senting the same political party. The county clerk 
shall make such publications daily in counties where 
daily newspapers are published; but if there be no 
daily newspaper published within the county, one 
publication in each newspaper shall be sufficient. 
Should the county clerk find it impracticable to make 
the publication six days before election day, in coun¬ 
ties where no daily newspaper is printed, he shall 
make the same at the earliest possible day thereafter. 

§ 11. Lists for town clerks and aldermen.— The 
county clerk of each county shall, at least six 
days before election day, send to the town clerk 
of each town and to the alderman of each ward in any 
city therein, printed lists, at least five and not more 
than ten copies for each election district in such town 
or ward, containing the name and residence, and if 
in a city the street, number of residence and of place 
of business, if any, and party or other designation of 
each candidate, nominated as hereinbefore provided, 
to be voted for by the voters of the respective towns 
and wards. Such lists shall at least three days before 
the day of election be conspicuously posted by such 
town clerk or aldermen in one or more public places 
in each election district of each town or ward, one of 
which shall be at the place where such election is to 
be held. The provisions of this section shall not 
apply to any city where the publication required by 



59 


section ten of this act shall be made in two or more 
daily newspapers published in such city. 

§ 12. Declination of a nomination.— Whenever any 
person nominated for public office as in this act pro¬ 
vided shall, at least twelve days before the day of 
election, if he shall have been nominated as provided 
in section three of this act, or at least ten days before 
the day of election, if he shall have been nominated 
as provided in section five of this act, notify the officer 
With whom the original certificate of his nomina¬ 
tion was filed, in a writing, signed by him and duly 
acknowledged, that he declines such nomination, the 
same shall be void and his name shall not be printed 
upon the ballots. The officer to whom such notifi¬ 
cation is given shall forthwith inform, by mail or 
otherwise, one or more persons whose names are 
attached to the original certificate of nomination, 
that such nomination has been declined. 

§ 13. Objections to nomination certificates.—All 
certificates of nomination which are in apparent 
conformity with the provisions of this act, shall 
be deemed to be valid, unless objection thereto shall 
be duly made in writing within three days after 
the filing of the same. In case such objection is 
made, notice thereof shall forthwith be mailed to all 
candidates who may be affected thereby, addressed 
to them at their respective places of residence, as 
given in the certificate of nomination. The officer 
with whom the original certificate was filed shall in 
the first instance pass upon the validity of such 
objection, and his decision shall be final, unless an 
order shall be made In the matter by a court of com¬ 
petent jurisdiction, or by a justice of the supreme 
court at chambers, on or before the Wednesday pre¬ 
ceding the election. Such order may be made sum- 


marily upon application of any party interested and 
upon such notice as the court or judge may require. 

§ 14. In case of death or resignation. — Should 
any person so nominated die before election day, 
or decline the nomination, as in this act provided, 
or should any certificate of nomination be insuffi¬ 
cient or inoperative, the vacancy or vacancies thus 
occasioned may be filled in the manner required 
for original nominations. If the original nomina¬ 
tion was made by a party convention which had 
delegated to a committee the power to fill vacancies, 
such committee may, upon the occurring of such 
vacancies, proceed to fill the same. The chairman 
and secretary of such committee shall thereupon 
make and file with the proper officer a certificate set¬ 
ting forth the cause of the vacancy, the name of the 
person nominated, the office for which he was nomi¬ 
nated, the name of the person for whom the new 
nominee is to be substituted, the fact that the com¬ 
mittee was authorized to fill vacancies, and such 
further information as is required to be given in an 
original certificate of nomination. The certificate so 
made shall be executed, acknowledged and sworn to 
in the manner prescribed for in the original certificate 
of nomination, and shall upon being filed at least 
eight days before election, have the same force and 
effect as an original certificate of nomination. When 
such certificate shall be filed with the secretary of 
state he shall, in certifying the nominations to the 
various county clerks, insert the name of the person 
who has thus been nominated to fill a vacancy in 
place of that of the original nominee; and in the 
event that he has already sent forward his certificate, 
he shall forthwith certify to the clerks of the proper 
counties the name and description of the person so 
nominated to fill a vacancy, the office he is nominated 






61 


for, together with the other details mentioned in the 
certificate of nomination so filed with the secretary 
of state, and the name of the person for whom such 
nominee is substituted. 

§ 15. Constitutional amendments. — Whenever a 
proposed constitutional amendment or other question 
is to be submitted to tie people of the state for 
popular vote, the secretary of state shall duly, and 
not less than fifteen days before election, certify the 
same to the clerk of each county of the state, and 
the clerk of each county shall include the proposition 
or question to be submitted, substantially as it will 
appear in the ballot to be used on election day, in the 
publication provided for by section ten of this act. 

§ 16. County clerks to have official ballots printed.— 
Except as in this act otherwise provided, it shall 
be the duty of the county clerk of each county 
to provide printed ballots for every election of 
public officers in which voters or any of the voters 
within the county participate, and to cause to 
be printed in the appropriate ballot the name 
of every candidate whose nomination has been 
certified to or filed with the county clerk in the 
manner provided for in this act; he shall also 
provide for every such election, printed ballots con¬ 
taining only the names of the offices to be filled 
at the election. Sample ballots printed upon paper 
of a different color from the official ballots but in the 
form of those to be used on election day, each con¬ 
taining the names of the candidates which are to be 
printed upon the appropriate official ballot, shall be 
printed and in possession of the county clerk or other 
officers or boards charged with the duty of preparing 
such ballots, seven days before the day of election, 
subject to public inspection. The official ballot^ 


64 


to be voted for only by the voters of a particular 
district, town, village, city or county, the names of 
such candidates shall not be printed on any other 
ballots than those provided for use in such district, 
town, village, city or county respectively. The ballots 
shall be of such form and the indorsement thereon 
so printed that they may be folded in the middle 
lengthwise and then crosswise, in such away that 
the stub of each ballot can be removed without 
unfolding the ballot or exposing any of its contents, 
and that when so folded the whole of the indorse¬ 
ment shall be visible. There shall be but one ballot- 
box at each polling-place for receiving all ballots cast 
for candidates for office. 

§ 18. Number of ballots to be printed.—The county 
clerk of each county, or other public officers or 
board charged by this act with the duty of print¬ 
ing and providing ballots, shall provide for each 
election district in the county, two hundred ballots 
of each kind for every fifty, or fraction of fifty, 
voters registered at the last preceding election in 
the district. If there is no registry in the districts, 
such ballots shall be provided to the number of two 
hundred of each kind for every fifty, or fraction of 
fifty, voters who voted at the last election in the dis¬ 
trict. When a district shall be divided or the bound¬ 
aries changed, the county clerk or such other public 
officers or boards must ascertain, as nearly as possible, 
the number of voters in the new district or districts, 
and provide therefor a sufficient number of ballots in 
the above proportion. 

§ 19. Errors and omissions.— Whenever it shall 
appear by affidavit that an error or omission has 
occurred in the publication of the names or 
description of the candidates nominated for office, 


65 

or in the printing of the sample or official bal¬ 
lots, the supreme court or a justice thereof may, 
upon application of any voter, by order, require 
the county clerk or other public officers or boards 
charged with the duty in respect to which such error 
or omission has occurred, to correct such error, or to 
show cause why such error should not be corrected. 
The county clerk or such other public officers or 
boards shall also upon his or their own motion correct 
without delay any patent error in the ballots which 
he or they may discover or which shall be brought to 
his or their attention, and which can be corrected 
without interfering with the timely distribution of the 
ballots as hereinafter provided. 

§ 20. Delivery of Ballots.—The county clerks of 
the various counties in the state, shall, prior to 
an election, cause to be delivered to each of the 
town clerks within their respective counties, the 
proper number of ballots provided for the use of 
the voters of said town at such election. The 
same shall be sent in sealed packages, one of each 
kind, for each election district of said town, with 
marks on the outside of each clearly stating the 
polling place for which it is intended, together with 
the number of ballots inclosed. They shall be deliv¬ 
ered to the town clerks on the Saturday before elec¬ 
tion day. Ballots to be used in cities shall Jjp delivered 
at the time and in the manner above provided to the 
city clerks of the respective cities. Receipts for 
ballots thus delivered shall be given by the town, or 
city clerk who receives them, and filed with the 
county clerk who shall also keep a record of the time 
when, and the manner in which each of said packages 
was sent. The town and city clerks receiving such 
packages, shall at the opening of the polls on election 
day, cause the same to be delivered, with the seals 

9 



64 

to be voted for only by the voters of a particular 
district, town, village, city or county, the names of 
such candidates shall not be printed on any other 
ballots than those provided for use in such district, 
town, village, city or county respectively. The ballots 
shall be of such form and the indorsement thereon 
so printed that they may be folded in the middle 
lengthwise and then crosswise, in such a way that 
the stub of each ballot can be removed without 
unfolding the ballot or exposing any of its contents, 
and that when so folded the whole of the indorse¬ 
ment shall be visible. There shall be but one ballot- 
box at each polling-place for receiving all ballots cast 
for candidates for office. 

§ 18. Number of ballots to be printed.—The county 
clerk of each county, or other public officers or 
board charged by this act with the duty of print¬ 
ing and providing ballots, shall provide for each 
election district in the county, two hundred ballots 
of each kind for every fifty, or fraction of fifty, 
voters registered at the last preceding election in 
the district. If there is no registry in the districts, 
such ballots shall be provided to the number of two 
hundred of each kind for every fifty, or fraction of 
fifty, voters who voted at the last election in the dis¬ 
trict. When a district shall be divided or the bound¬ 
aries changed, the county clerk or such other public 
officers or boards must ascertain, as nearly as possible, 
the number of voters in the new district or districts, 
and provide therefor a sufficient number of ballots in 
the above proportion. 

§ 19. Errors and omissions.— Whenever it shall 
appear by affidavit that an error or omission has 
occurred in the publication of the names or 
description of the candidates nominated for office, 


65 


or in the printing of the sample or official bal¬ 
lots, the supreme court or a justice thereof may, 
upon application of any voter, by order, require 
the county clerk or other public officers or boards 
charged with the duty in respect to which such error 
or omission has occurred, to correct such error, or to 
show cause why such error should not be corrected. 
The county clerk or such other public officers or 
boards shall also upon his or their own motion correct 
without delay any patent error in the ballots which 
he or they may discover or which shall be brought to 
his or their attention, and which can be corrected 
without interfering with the timely distribution of the 
ballots as hereinafter provided. 

§ 20. Delivery of Ballots.—The county clerks of 
the various counties in the state, shall, prior to 
an election, cause to be delivered to each of the 
town clerks within their respective counties, the 
proper number of ballots provided for the use of 
the voters of said town at such election. The 
same shall be sent in sealed packages, one of each 
kind, for each election district of said town, with 
marks on the outside of each clearly stating the 
polling place for which it is intended, together with 
the number of ballots inclosed. They shall be deliv¬ 
ered to the town clerks on the Saturday before elec¬ 
tion day. Ballots to be used in cities shall jjp delivered 
at the time and in the manner above provided to the 
city clerks of the respective cities. Receipts for 
ballots thus delivered shall be given by the town, or 
city clerk who receives them, and filled with the 
county clerk who shall also keep a record of the time 
when, and the manner in which each of said packages 
was sent. The town and city clerks receiving such 
packages, shall at the opening of the polls on election 
day, cause the same to be delivered, with the seals 

9 


66 


unbroken, to the inspectors of election of the various 
election districts as designated on the outside of the 
packages respectively, and shalljtake receipts therefor 
from said inspectors, which shall be placed on file in 
their respective offices. 

§ 21. When unofficial ballots may be used.— If the 
ballots to be furnished to any town, or city clerk as 
herein provided, shall not be delivered at the time 
above mentioned, or if after delivery they shall be 
destroyed or stolen, it shall be the duty of the said clerk 
of such town or city to cause other ballots to be pre¬ 
pared as nearly in the form prescribed in section 
seventeen as practicable, but without the indorse¬ 
ment, and upon receipt of ballots thus prepared from 
said clerk, accompanied by a statement under oath 
that the same have been so prepared and furnished by 
him, and that the original ballots have so failed to be 
received, or have been so destroyed or stolen, the 
inspectors of election shall cause the ballots so sub¬ 
stituted to be used at the election. If from any cause, 
neither the official ballots nor ballots prepared by 
the town or city clerk, as herein prescribed, shall 
be ready for distribution at any polling place, 
or if the supply of ballots shall be exhausted be¬ 
fore the polls are closed, unofficial ballots, printed 
or written, made as nearly as possible in the 
form of tfee official ballots, may be used. When¬ 
ever a candidate for any office, whose name is 
printed on the official ballot, shall have died, shall 
be or become ineligible, or shall have withdrawn 
before election day, voters may use unofficial ballots 
in voting to fill the office for which such deceased, 
ineligible or withdrawn candidate was nominated, 
and the name of the deceased, ineligible or with¬ 
drawn candidate shall be considered as having been 
erased from the official ballot; but such unofficial 


67 

ballot shall contain only the name of the person voted 
for, in lieu of the deceased, ineligible or withdrawn 
candidate, and under the designation of the office 
for which such person is a candidate. 

§ 22. Inspectors and ballot clerks.— The inspectors 
of election in each election district of the state 
(except in districts where all of them are appointed) 
shall, immediately after taking their oath of office, 
as prescribed by law, appoint two of their num¬ 
ber to serve as ballot clerks during the election. 
The inspectors who were elected as such shall 
appoint one ballot clerk, and the inspectors who 
were appointed as such shall appoint the other bal¬ 
lot clerk. In each election district, except a district in 
which all of the inspectors of election are appointed 
the number of inspectors shall be five, and in every 
such district in which there shall be a less number 
than five, the balance of the five offices of inspectors 
of election in such district shall be deemed to be 
vacant, and shall be filled as vacancies in such offices 
as now provided by law. Immediately upon the fill¬ 
ing of such vacancies in an election district, after the 
passage of this act, and the qualification of the five 
inspectors of election, they shall appoint two of their 
number to be ballot clerks, as hereinbefore provided. 
In districts where inspectors are not elected, two 
ballot clerks shall be appointed, and their appoint¬ 
ment certified at the same time and in the same man¬ 
ner as now provided for in case of inspectors, except 
that ballot clerks to serve at the fall election of eigh¬ 
teen hundred and ninety shall be appointed and their 
appointment certified at least ten days before the day 
fixed for such election. Vacancies in said office shall 
be filled, and all appointments made to fill such 
vacancies shall be certified as now provided for by 
law in the case of inspectors. In appointing or desig- 


68 

nating ballot clerks, as herein provided, one of them 
shall be taken in each election district from the polit¬ 
ical party that polled the largest number of votes on 
state issues at the last preceding election, and the 
other from the party that polled on state issues the 
next largest number. The term “ballot clerks,” 
when used herein, shall be deemed to refer to the per¬ 
sons so designated or appointed as such as aforesaid. 

§ 23. Voting booths and guard-rails.—All officers 
upon whom is imposed by law the duty of desig-. 
nating polling places, shall provide in each poll¬ 
ing place designated by them a sufficient number 
of voting booths or compartments, which shall be 
furnished with such supplies and conveniences, 
including shelves, pens, penholders, ink, blotting 
paper, pencils and mucilage, as will enable the 
voter to prepare his ballot for voting, and in which 
voters may prepare their ballots screened from 
observation as to the manner in which they do so; 
and a guard rail shall be so constructed and placed 
that only such persons as are inside said rail can 
approach within six feet of the ballot-boxes, and of 
such voting booths or compartments. The arrange¬ 
ment shall be such that the voting booths or com¬ 
partments can only be reached by passing within said 
guard rail. They shall be in plain view of the election 
officers, and both they and the ballot-boxes shall be 
in plain view of those just outside the guard rail. 
Each of said booths or compartments shall have four 
sides inclosed. One side in front to open and shut as 
a door swinging outward. Each side of each booth 
or compartment shall be at least six feet high and the 
door shall extend to within two feet of the floor. 
Each booth or compartment shall be at least three 
feet square and shall contain a shelf which shall be at 
least one foot wide extending across one side of the 


69 

booth or compartment at a convenient height for 
writing. No persons other than the election officers 
and the watchers provided by law and those admitted 
for the purpose of voting as hereinafter provided shall 
be permitted within said rail, except by authority of 
the election officers to keep order and enforce the law, 
and except in the contingency mentioned in the first 
sentence of section twenty-eight of this act. The 
number of such voting booths or compartments shall 
not be less than one for every fifty voters who voted 
at the last preceding election in the district. The 
officers who are charged with the duty of providing 
voting booths or compartments shall also furnish for 
each polling place in their respective towns and cities 
a ballot-box which shall be large enough to properly 
receive and hold the ballots to be cast for candidates 
for office in conformity with the provisions of this act. 
Id the city and county of New York the board of 
police commissioners, and in the city of Brooklyn the 
board of elections shall provide such guard rails, ballot- 
box and voting booths or compartments. The expense 
thereof shall in all cases be a public charge, to be 
provided for in the same manner as other election 
expenses. On or before the first day of September in 
the year eighteen hundred and ninety, and in each year 
thereafter the officers now charged by law with the 
division or alteration of election districts shall alter 
or divide the existing election districts, whenever 
necessary, in such manner that each election district 
shall contain not more than three hundred voters. 

§ 24, Duties of ballot clerks and inspectors.— It 
shall be the duty of the ballot clerks to deliver 
ballots to qualified voters, and they shall at all 
times be under the supervision of the board of 
inspectors. The ballots shall be kept in plain view 
within the polling place, and as near as possible to 


70 


the place where the ballot-box is stationed. At the 
opening of the polls the inspectors shall open the 
packages containing the ballots, and place the ballots 
in charge of the ballot clerks. Each qualified 
voter before receiving his ballots from the ballot 
clerks shall announce his name to the election offi¬ 
cers. His name shall be noted by the poll clerks, and 
each voter’s name shall be numbered consecutively 
by the poll clerks, with the number upon the stub of 
the ballots delivered to him, and in the order of the 
respective applications for ballots to the ballot clerks. 
The ballot clerks shall thereupon deliver to the voter, 
and the voter shall receive and take with him into the 
booth or compartment, one of each kind of ballots 
which shall have been furnished for use at such 
polling place. But before any voter shall receive said 
ballots, and in the presence and view of the voter, 
each of said ballot clerks, or a ballot clerk and an 
inspector, shall write his initials upon the stub of each 
of said ballots; but the stubs of all ballots delivered 
to one voter at one time shall have the initials of the 
same person thereon. When any person shall make 
application for ballots his right to vote at that poll 
and election may be challenged, and such proceedings 
shall thereupon be had before the inspectors as 
the law now prescribes in case of challenge. 
If the person so applying is not entitled to 
vote, no ballot shall be delivered to him. Any 
person may also be challenged, as now provided by 
law, when he shall offer his ballot to the inspectors. 
A reasonable number of challengers, representing 
each political party, shall be permitted to remain just 
outside the guard rail where they can plainly see 
what is done within the polling place, except within 
said booths or compartments. The said polling place 
shall be so arranged that every part thereof except 


71 

the inside of said booths or compartments may be in 
full view of said challengers and watchers. 

§ 25. How voters shall prepare their ballots.— On 
receiving his ballots, the voter shall forthwith, 
and without leaving the inclosed space, retire alone 
to one of the voting booths or compartments so 
provided; and shall prepare his ballots. The voter 
may write or paste upon his ballot the name of any 
person for whom he desires to vote for any office. 
Any voter may take with him into the voting booth 
or compartment, a printed ballot of his own selection 
or preparation, to be known as a paster ballot, con¬ 
taining the names of all the offices to be filled and of 
the candidates therefor for whom he desires to vote, 
which paster ballot may be gummed on the back 
thereof, and the voter may paste the whole of such 
paster ballot on any of the official ballots below the 
stub. Any name so written or pasted upon the ballot 
shall be deemed the choice of the voter, notwith¬ 
standing the name of another candidate for the same 
office may be upon the original ballot without being 
erased, covered or concealed by the writing or paster. 
All pasters shall be of white paper and must be 
printed in typo uniform with that required by this act 
to be used upon the ballots and shall be printed in 
plain black ink. A paster shall be so attached to the 
ballot that when the ballot is folded no portion of such 
paster shall be visible. In preparing his ballot, any 
voter shall be at liberty to use or copy any unofficial 
sample ballot to assist him in preparing the official 
ballot. After preparing his ballot, and before leaving 
the voting booth or compartment, the voter shall fold 
all the ballots delivered to him in the middle, length¬ 
wise and then crosswise; but in such a way that the 
contents of the ballots shall be concealed and the 
stubs can be removed without exposing any of 


72 

the contents of the ballots and shall keep the same so 
folded until he has delivered the same to the election 
officers as in this section provided. He shall then 
vote in the manner provided by law forthwith and 
before leaving the inclosed space; but before his vote 
shall bfe received, the voter’s name and the number 
upon the stubs of his ballots shall be called out and 
the number upon such stubs shall correspond with 
the number noted against his name by the poll-clerks 
as hereinbefore provided. The inspectors of election 
shall remove the stub from each ballot voted in plain 
view of the voter and without unfolding or disclosing 
the contents of the ballot, before the same is depos¬ 
ited in the bailot-box. The voter shall thereupon 
deliver to the inspectors the ballots not voted by him 
but folded in precisely the same manner as the ballots 
voted and the inspectors shall remove from each such 
ballot its stub, and the unvoted ballots shall be depos¬ 
ited in a box which shall be prepared for that purpose, 
and which shall be kept locked until after the canvass 
of the votes, but which shall be provided with an 
aperture for depositing the ballots therein, and after 
the votes cast are all canvassed all ballots which were 
so deposited in such box shall be burned by the 
inspectors of election without any examination of 
their contents. When an unofficial ballot is used in 
the cases provided for by the last two sentences in 
section twenty-one of this act, the person using it 
shall, before voting the same, retire to one of the 
voting booths or compartments where he shall pre¬ 
pare such ballots for voting. 

§ 26. One voter in one booth.—Not more than one 
person shall be permitted to occupy the same voting 
booth or compartment at one time, except as provided 
for in section twenty-eight of this act, and no person 
shall remain in or occupy any such booth or compart- 


73 . 

ment less than three minutes and in no case longer 
than ten minutes, when all the other booths or com¬ 
partments are occupied. No person who has once 
voted, other than election officer or watcher, shall be 
permitted to reenter said inclosed space during the 
election, except to aid another in preparing his ballot 
as hereinafter provided, and no voter, not such officer 
or watcher shall be permitted to remain in said 
inclosed space longer than is necessary for him 
to procure, prepare and deposit his ballot, as herein¬ 
before provided. It shall be the duty of the board 
of inspectors to see that the provisions of this section 
are properly observed. 

§ 27. If voters spoil ballots.—If any voter spoils a 
ballot, he may obtain another full set and so on suc¬ 
cessively, not exceeding four full sets in all, upon 
returning to the ballot clerks the set of ballots con¬ 
taining the spoiled ballots. In obtaining a set of bal¬ 
lots to replace a spoiled set, the name of the voter shall 
be given and his number noted in the manner herein¬ 
before provided when the voter’s original application 
for ballots is made to the ballot clerks. The ballots 
thus returned shall be canceled and together with 
those not distributed to voters shall be preserved; and 
with the record of ballots delivered to voters by the 
ballot clerks and the stubs of the ballots so delivered 
shall be secured in a package sealed and sent 
to the county clerk or other public officers or 
boards by whom such ballots were prepared, on the 
day after election. The ballot clerks shall also at 
the same time, file with the county clerks of their 
respective counties or other public officers or boards 
by whom such ballots were prepared, a statement 
in writing, showing the number of ballots of each 
kind voted, the number of ballots of each kind 
delivered to voters, the number of spoiled ballots 
10 


. 74 

of each kind, and the number of ballots of each 
kind not delivered to voters, and the number of 
detached stubs returned, identifying and specifying 
the same. Any ballot clerk who shall fail to thus 
account, fully and particularly for all official ballots 
placed in his charge, shall be deemed guilty of a 
misdemeanor. 

§ 28. Physical disability to prepare ballots. —Any 
voter who declares under oath to the inspectors of 
election that, by reason of physical disability he is 
unable to prepare his ballot without assistance, shall 
be permitted to bring with him to such booth or 
compartment a person of his own selection, who 
may retire with such disabled voter to the booth 
or compartment and assist him in the preparation 
of the ballot. The poll-clerks shall make a mem¬ 
orandum on the poll-list of every instance when 
an oath was administered to a voter as herein pro¬ 
vided, stating briefly what facts were sworn to the 
name of the affiant and the name of the person or 
persons who aided the voter in preparing his ballot. 
No voter shall divulge to anyone within the polling- 
place the name of any candidate for whom he 
intends to vote, nor shall he ask for or receive the 
assistance of any person within the polling place 
in the preparation of his ballot, except as prescribed 
by this section. No person who assists a voter in the 
preparation of his ballot, as herein provided, shall in 
any manner request, or persuade, or induce, or 
seek to persuade or induce such voter to vote any 
particular ticket or for any particular candidate 
or candidates; nor shall such person reveal to 
another the name of any candidate for whom the 
voter has voted, or anything that took place while he 
wa3 assisting such voter in preparing said ballot for 
voting. 


75 


§ 29. Indorsement of ballots.—No inspector of 
election shall deposit in a ballot-box, or per¬ 
mit any other person to deposit in a ballot-box, 
on election day, any ballot which is not properly 
indorsed, or upon the stub of which the initials 
of the ballot clerks, or of a ballot clerk and an 
inspector, did not appear when presented to be voted, 
except in the cases provided for in section twenty-one 
of this act. 

§ 30. Card instructions to voters.—The county clerk 
of each county or other public officers or boards 
charged with the duty of providing the ballots 
shall cause to be printed and furnish as herein¬ 
after provided in large type, on cards in Eng¬ 
lish and in such other languages as he or they 
may deem necessary, instructions for the guid¬ 
ance of voters in preparing their ballots. Twelve 
such cards, each printed in all the languages so 
determined upon shall be furnished to the board of 
inspectors of election of each election district, at the 
same time and in the same manner as the printed 
ballots. The board of inspectors of elections shall 
post not less than one of such cards in each place or 
compartment provided for the preparation of ballots, 
and not less than three of such cards elsewhere in and 
about the polling places upon the day of election. 
Said cards shall be printed in large, clear type, and 
shall contain full instructions to the voters as to 
what should be done: (1) To obtain ballots for 
voting; (2) To prepare the ballots for deposit in the 
ballot-boxes; (3) To obtain a new ballot in the place 
of one spoiled by accident or mistake; said cards 
shall also contain a copy of sections thirty-two, thirty- 
three and thirty-five of this act. 


76 

§ 31. Order of canvassing votes.—The votes for 
the several candidates shall be canvassed in the 
order in which they appear upon the several bal¬ 
lots. No ballot that has not the printed official 
indorsement shall be counted, except such as are 
voted in accordance with the provisions of section 
twenty-one of this act. All ballots that are defective 
in whole or in part, shall be marked “defective/’ and 
shall be preserved and filed as provided for in section 
twenty-seven of this act. 

§ 32. Fraudulent nomination certificates.—No per¬ 
son shall (1) falsely make, or make oath to, or fraudu¬ 
lently deface, or fraudulently destroy any certifi¬ 
cate of nomination, or any part thereof; or (2) file 
or receive for filing any certificate of nomination 
knowing the same or any part thereof to be falsely 
made; or (3) suppress any certificate of nomination 
which has been duly filed, or any part thereof; or (4) 
forge or falsely make the official indorsement of any 
ballot. Every person violating any of the provisions 
of this section shall be deemed guilty of a felony and 
upon conviction thereof shall be punished by im¬ 
prisonment in state prison not less than one year nor 
more than five years. 

§ 33. Defacement of instructions.—-No person shall, 
during the election, remove or destroy any of the 
supplies or other conveniences placed in the booths 
or compartments for the purposes of enabling the 
Voter to prepare his ballot, nor shall any person 
prior to or on the day of election deface or des¬ 
troy any list of candidates posted in accordance 
with the provisions of this act. No person shall, 
during an election, remove, tear down or deface 
the cards printed for the instruction of voters. Every 


person willfully violating any of the provisions of 
this section shall be deemed guilty of a misdemeanor. 

§ 34. Punishments for violating the law.—Every 
public officer upon whom any duty is imposed by 
this act, who violates his said duty, or who neglects 
or omits to perform the same, shall be deemed 
guilty of a misdemeanor; and upon conviction 
thereof, shall be punished by imprisonment in the 
county jail or penitentiary for a term of not less 
than six months and not more than three years, 
or by a fine of not less than two hundred and fifty 
dollars, and not more than three thousand dollars, or 
by both such fine and imprisonment. Any person 
having charge of official ballots who shall destroy, 
conceal or suppress them, except as in this act permit¬ 
ted, shall be guilty of a felony, and upon conviction 
thereof, shall be punished by imprisonment in state 
prison not less than one year nor more than five 
years. Any person who has undertaken to deliver 
official ballots to any city, town or village clerk or 
inspector, and neglects or refuses to do so, shall be 
guilty of a misdemeanor, and upon conviction 
thereof, shall be punished by imprisonment in the 
county jail for not less than six months nor more 
than one year. Any election officer or watcher 
who shall reveal to another person the name of any 
candidate for whom a voter has voted, or who shall 
communicate to another his opinion, belief or 
impression as to how or for whom a voter has voted, 
shall be guilty of a misdemeanor, and upon convic¬ 
tion thereof, shall be punished by imprisonment in 
the county jail for not less than six months nor more 
than one year. 

§ 35. No electioneering near the polls. — No person 
shall do any electioneering on election day within 
any polling place, or in any public street or room,* 


78 

or in a public manner, within one hundred and 
fifty feet of any polling place. No person shall 
remove any official ballot from any polling place 
before the closing of polls. No person shall show 
his ballot, after it is prepared for voting, to any 
person in such a way as to reveal the contents, nor 
shall any person solicit the voter to show the same; 
nor shall any person (except an inspector of election), 
receive from any voter a ballot prepared for voting. 
No voter shall receive an official ballot from any 
other person than one of the ballot clerks having 
charge of the ballots, nor shall any person other than 
such ballot clerks deliver an official ballot to such 
voter. No voter shall place any mark upon his ballot 
by means of which it can be identified as the one 
voted by him. Every voter who does not vote or 
deliver, in the manner hereinbefore and in section 
twenty-five of this act provided, the ballots received 
by him from the ballot clerk, shall, before leaving the 
polling place or going outside the guard rail, return 
each such ballot to the ballot clerks. Whoever shall 
violate any provision of this section shall be deemed 
guilty of a misdemeanor. But nothing herein con¬ 
tained shall prevent any person from receiving or 
delivering an unofficial sample ballot, or from receiv¬ 
ing, delivering and voting an unofficial ballot in the 
contingencies provided against by section twenty-one 
of this act. 

§ 36. Workingmen must be given a chance to 
vote. — Any person entitled to vote at a general elec¬ 
tion, held within this state, shall, on the day of s*ich 
election, be entitled to absent himself from any ser¬ 
vice or employment in which he is then engaged or 
employed, for a period of two hours between the time 
of opening and the time of closing the polls; and 
such voter shall not, because of so absenting himself, 
be liable to any penalty, nor shall any deduction be 


79 


made on account of such absence from his usual 
salary or wages. Provided, however, that applica¬ 
tion shall be made for such leave of absence prior to 
the.day of election. The employer may specify the 
hours during which such employe may absent him¬ 
self as aforesaid. Any person or corporation who 
shall refuse to an employe the privilege hereby con¬ 
ferred, or who shall subject an employe to a penalty 
or reduction of wages because of the exercise of such 
privilege, or who shall, directly or indirectly, violate 
the provisions of this act, shall be deemed guilty of a 
misdemeanor. 

§37. New York and Brooklyn ballots.—All bal¬ 
lots to be used in the city of New York shall be 
prepared by the board of police commissioners of 
said city, from the certificates on file in the office 
of the county clerk of the county of New York, 
and all ballots to be used in the city of Brooklyn, 
shall be prepared by the boards of elections of said 
city from certificates on file in the office of the county 
clerk of the county of Kings. Such ballots in sealed 
packages indorsed as hereinbefore provided, shall be 
distributed among the election districts in said city 
by said boards respectively, instead of by the city 
clerk; and receipts taken therefor and filed in the 
office of said boards respectively; and instead of a 
fac simile of the signature of the county clerk upon 
the back, they shall contain a fac simile of the signa¬ 
ture of the president of the board of police commis¬ 
sioners when they are to be used in New York city, 
and a fac simile of the signature of the president of 
the board of elections when they are to be used in the 
city of Brooklyn. 

§ 38. Town and village nominations. —The pro¬ 
visions of this act shall apply to town and village 
elections except in the following particulars: When- 


80 


ever the word “clerk” is used in this act it shall be 
construed as referring to the town clerk when the 
subject-matter applies to town elections, and to the 
village clerk when it applies to village electipns. 
Nominations for town and village offices shall be 
made and certified substantially as hereinbefore 
provided, but the certificates thereof shall be 
filed with the clerk not less than five days before 
the day of election. When nominations are made 
for town and village offices, in the manner set 
forth in section five of this act, the number of 
signatures to the certificate of nomination need not 
exceed fifty. Nominations for town and village 
offices need not be published in newspapers, but 
the clerk shall cause printed lists to be posted as 
prescribed in section eleven of this act, on the day 
before the election is to be held. When a person 
desires to decline a nomination he shall forthwith 
notify the clerk in writing that he declines such 
nomination. Whenever it shall be necessary to fill a 
vacancy the same shall be filled at least three days 
before election in the manner prescribed by this act. 
The clerk shall provide ail ballots and cards of 
instruction to be used at the election, and the same 
shall be a charge upon the town or village in and for 
which the election is to be held, the payment of 
which shall be provided for in the same manner as 
the payment of other town or village expenses. The 
ballots shall be substantially in the form of the bal¬ 
lots above described, but it shall not be necessary to 
print an indorsement upon them. Names of candi¬ 
dates not certified at least three days before election 
day shall not be placed on said ballots. The number 
of ballots to be printed and distributed under this 
section shall be the same as provided for in section 
eighteen of this act. The clerk shall deliver or cause 
to be delivered the ballots and cards of instructions 



81 


in sealed packages, to the board of inspectors at the 
opening of the polls on election day, and shall per¬ 
form such other duties devolved by this act upon 
county clerks as may be applicable to town and vil¬ 
lage elections. Ballot clerks shall not serve at such 
elections, but all the duties hereinbefore devolved 
upon ballot clerks shall, at town and village elections* 
be performed by the town or village boards or other 
officers acting as inspectors of election. The names 
of candidates for town officers shall not be printed on 
the same ballot with the names of candidates for 
village offices. The officers who are now required by 
law to act as inspectors of election at town meetings 
and village elections shall continue to act as such 
inspectors under the provisions of this act. The 
inspectors of election, or the officers acting as 
such inspectors, shall appoint one or more of their 
number to take charge of the ballots and deliver the 
same to qualified voters, and the person or persons 
thus appointed, or some other of the election officers, 
shall place his or their initials upon the stub above 
the perforated line in the manner prescribed by 
section twenty-four of this act. 


§ 39. Compensation of county clerks.—County 
clerks, in counties where the office is not a salaried 
one, shall receive a reasonable compensation for their 
services in carrying out the provisions of this act, to 
be fixed by the board of supervisors of the respective 
counties. Town clerks, for their services required 
hereby, shall be paid for each day actually employed, 
the same compensation allowed them by law for 
services upon the town board, besides their dis¬ 
bursements. 

§ 40. Sunday in computations. —Sunday shall be 
included in all computations of time made under the 
provisions of this act. 


82 

§ 41. Duties of city clerks.—Whenever any duty is 
devolved upon city clerks by the provisions of this 
act, the same shall be performed, in cities where 
there is no such office, by clerks of the common 
council, except as hereinbefore otherwise provided. 

§ 42. Where the act does not apply.—This act shall 
not apply to elections for public officers determined 
otherwise than by ballot, nor to elections for school 
officers when no other officers are to be chosen at 
the same election. * 

§ 43. Election of election inspectors. — Section 
twenty-one of title three of chapter one hundred and 
thirty of the laws of eighteen hundred and forty-two, 
entitled “An act respecting elections other than for 
militia and town officers,” is hereby amended so as 
to read as follows: 

§ 21. At each town meeting to be held in the several 
towns of this state, and at each annual charter elec¬ 
tion to be held in the several cities of this state, which 
are not organized into towns, the electors of such city 
or town shall be entitled to vote by ballot, on the 
same ticket with other town or charter officers, for 
three electors residing in each election district of 
such town or city, and the three persons in each 
district receiving the greatest number of votes shall 
be three of the inspectors of election for such district 
at all general and special elections held therein the 
ensuing year. The presiding officers ot such town 
meeting or charter election shall, immediately after 
the votes of such town meeting or charter election 
shall be canvassed appoint by writing, subscribed by 
a majority of such presiding officers, two additional 
inspectors of election for each election district, to be 
associated with said three inspectors so elected, and 
who shall thereupon be two of the inspectors of elec- 


83 

tlon of such district. Such inspectors shall be selected 
from the three persons in such election district who 
shall have the highest number of votes next to the 
three inspectors so elected; and no ballot for inspec¬ 
tors shall be counted upon which more than three 
names shall be contained. 

§ 44. Clerks and inspectors.—Section three, title 
four of chapter one hundred and thirty of the laws 
of eighteen hundred and forty-two, entitled “An act 
respecting elections other than for militia and town 
officers,” as amended by chapter one hundred and 
sixty-three of the laws of eighteen hundred and eighty- 
one, is hereby amended so as to read as follows: 

§ 3. The three inspectors elected, after having 
severally taken such oath, shall appoint one clerk, 
and the two inspectors appointed, after having 
severally taken such oath shall appoint another 
clerk, to be called clerks of the poll. 

§ 45. Inconsistent acts repealed.—All acts and parts 
of acts inconsistent with the provisions of this act are 
hereby repealed. 

§ 46. When act takes effect.— This act shall take 
effect July first, eighteen hundred and ninety. 


STATE OE NEW YORK, > 

Office of the Secretary of State, J ss ‘ * 

I have compared the preceding with the original law on file 
In this office, and do hereby certify that the same is a correct 
transcript therefrom, and of the whole of said original law. 

Given under my hand and the seal of office of the Secretary 
[l. s.l of State, at the city of Albany, this sixth day of May, 
in the year one thousand eight hundred and ninety. 

FRANK RICE, 

Sect'etary of State. 



THE 




City and Rural Registration Raw. 

-- 

Chapter 321 . 

AN ACT to Revise, Consolidate and Amend the 
Laws Relating to the Registry of Voters except 
in the Cities of New York and Brooklyn. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1 . A general registration act.—This act 
shall be known as the general registry law, but shall 
not apply to the cities of New York and Brooklyn, nor 
to any village election or town meeting, nor to school 
elections in cities when held at different times or by 
different election districts from other elections of city 
officers, nor to any vote cast or offered to be cast 
under or by virtue of any law enabling a qualified 
elector to vote while absent from the state in the 
military or naval service of the United States. 

§ 2. The days of registration.— The inspectors of 
election of each election district shall constitute the 
board of registry thereof. In cities, each board shall 
hold four meetings before each general election, and 
before each city election for city officers, on the fifth, 
fourth, third and second Saturdays before the election, 
to be known respectively as the first, second, third 
and fourth meetings of the board for such election, 
and two meetings before each special election in any 
@ity on the second Saturday and last Friday before 






85 

such election, to be known respectively as the first 
and second meetings of the board for the special 
election. Elsewhere than in cities, each board shall 
hold three meetings before each general election, on 
the third and second Saturdays and last Friday 
before the election, to be known respectively as the 
first, second and third meetings of the board for the 
general election. Each meeting shall begin at nine 
o’clock in the forenoon and continue until nine 
o’clock in the evening, wdth not more than two inter¬ 
missions of one hour each. Immediately upon their 
assembling for the first meeting for any election, the 
board shall elect one of their number to be its chair¬ 
man, who shall immediately administer to the other 
members of the board the constitutional oath of 
office, one of whom shall thereupon administer the 
like oath to the chairman. If a member fails to 
appear at any meeting of the board the other mem¬ 
bers of the board shall immediately appoint a quali¬ 
fied elector of the district of the same political party 
as the absent member, who, upon taking the consti¬ 
tutional oath of office, shall act in the place of the 
absent member until he shall appear. If two members 
fail to appear at any meeting of the board, the member 
appearing may appoint two qualified electors of the 
district who shall respectively belong to the same 
political parties as the absent members, who, upon 
taking the constitutional oath of office, shall act in 
the places of such absent members respectively until 
they may respectively appear. If no members of the 
board shall appear at any meeting within one hour 
after the same should have been opened, the qualified 
electors of the district present, not less than ten may 
designate a qualified elector of the district to act in 
the place of each absent member, who shall be of the 
same political party as such absent member, and 
shall act in his place until he appears; and the per- 


86 

sons so designated shall organize as a board, and 
take an oath of office in like manner as herein 
required of the members of the board. 

§ 3. Meetings of boards of registry — liquor 
saloons.—All meetings of the board of registry in » 
each election district shall be held at the place desig¬ 
nated for holding the poll of the next ensuing elec- j 
tion for which the meeting is held, but no building or 
part of a building shall be so designated in any city 
if within sixty days before such designation intoxi¬ 
cating liquors, ale or beer shall have been sold in any 
part of such building; and no room shall be so desig¬ 
nated in any election district, elsewhere, if within 
sixty days before such designation intoxicating liquor, 
ale or beer shall have been sold in such room or in a 
room adjoining thereto with a door or other passage¬ 
way between the two rooms; and no intoxicating 
liquor, ale or beer shall be sold in such building in a 
city, or in such room or adjoining room elsewhere 
after such designation and before such election. 

§ 4. Personal registration before city board—rural - 
registration.—The board of registry of each election 
district at its several meetings for each election shall 
prepare a list of persons qualified to vote in such dis¬ 
trict at such election, which, when finally completed, 
shall be known as the register of voters of the district 
for such election. In cities the names of such persons 
only as personally appear before the board and are so 
qualified shall be placed on such list at a meeting of 
the board for a general election or for a city election 
of city officers. At the first meeting of the board in a 
city for a special election, the board shall place upon 
such list all the names which appear upon the register 
of voters for the last preceding general election in the 
election district in which the board shall meet, except 



87 

of such persons as shall have died or ceased to reside 
in such election district or otherwise become dis¬ 
qualified to vote therein since such general election, 
and shall at such meeting and also at its second meet¬ 
ing for such special election, place upon such list the 
names of all persons so qualified, and who shall per¬ 
sonally appear before the board at one of such meet¬ 
ings, but no new names which were not on such 
register shall be placed on such list, except of persons 
who so personally appear. Elsewhere, the board shall 
at its first meeting for any election, place upon such 
list the names of all persons qualified to vote in such 
district at such election, which appear upon the poll- 
list of the next preceding general election held in the 
district, and shall also at such meeting and at its 
second meeting, place upon such list the names of all 
other persons known or proven to the satisfaction of 
the board to be so qualified, and shall at every meet¬ 
ing of the board place upon such list the name of 
every person so qualified who personally appears 
before the board and request to have his name placed 
thereon, but at the third meeting of the board the 
names of such persons only as personally appear 
before the board and are so qualified shall be placed 
on such list. 

§ 5. How registration lists shall be arranged.—The 
list so made in each election district shall be arranged 
alphabetically by the first letter of the surname of 
each person, which shall be placed in the first column, 
with his Christian name in the second column, and 
his age as near as it can be ascertained in the third 
column, his residence by street and number, if it 
have a street and number, in the fourth column, and 
if such residence be in a city or incorporated village 
and have no street number, then in such fourth column 
shall be placed a brief designation of the locality of 


88 

his residence. The list shall be so arranged at the 
first meeting that there shall be sufficient space after 
each letter for all persons whose names may be added 
at subsequent meetings, whose surnames shall begin 
with the same letter, but before adding any names 
after the first meeting, there shall be inserted in the 
list at the end of the names set forth under each letter, 
at the next previous meeting, the following: “Added 
at second meeting,” or “added at third meeting,” or 
“added at fourth meeting,” as the case may be. 

§ 6. Duties of boards of registration.—At the close 
of each meeting of the board in each election dis¬ 
trict the board shall add to the list of voters as 
it is at the close of the meeting, a certificate, 
which for general elections in cities, and for a city 
election of city officers, shall be to the effect that 
such list as it then is, is a true and correct list of 
all persons qualified to vote at such election in such 
district, who have personally appeared before the 
board and have requested to have thair names placed 
thereon, and, elsewhere, and for special elections in 
cities, it shall be to the effect that it is a true and cor¬ 
rect list of all persons qualified to vote at the next 
election in such district, whose names the board is 
required by law to place thereon. Such list, so certi¬ 
fied, shall remain in the custody of the chairman of 
the board until the close of the polls on election day. 
At each meeting of the board, or during the next fol¬ 
lowing secular day, the board shall make three certi¬ 
fied copies of such list and certificate, one of which 
shall forthwith be conspicuously posted in the place 
where such meeting shall have been held, and one 
shall be retained by each of the other two members 
of the board, until the close of the polls of such next 
election. 




89 

§ 7. Poll-lists of rural boards of registration.—Each 
clerk with whom the poll-lists of the last preceding 
general election in any election district outside of a 
city, shall have been filed in pursuance of law, shall 
cause one of such poll-lists to be delivered to the 
board of registry of each district outside of a city at 
the opening of its first meeting for any election, and 
any such clerk within any city shall cause the register 
of voters on file in his office to be delivered to the 
board of registry of each election district in such city 
at the opening of its first meeting for a special elec¬ 
tion . If a new election district shall have been formed 
since the last preceding general election, such clerk 
shall, before such first meeting, make a certified copy 
of such a poll-list of each district out of which such 
new district shall have been formed, and shall cause 
such certified copies to be delivered to the board of 
registry of such new election district at the opening 
of its first meeting. The just and reasonable value 
of the services of such clerk in making such certified 
copies shall be a charge upon the town or municipal¬ 
ity of which he is the clerk. Each board of registry of 
such new election district outside of a city, at its first 
meeting or in a city at its first meeting for a special 
election, shall place upon the list of voters all persons 
whose names are upon such copies who are qualified 
to vote in such election district at the next ensuing 
election for which such meeting is held. 

§ 8. Challenges and cancellation of names.— Any 
person who appears personally at any meeting of a 
board of registry for any election and applies to have 
his name placed on the list of voters, may be chal¬ 
lenged by any qualified elector of such district. If 
such applicant be so challenged, or if any member of 
the board shall have reason to suspect that such appli¬ 
cant is not then, or will not at the time of the election 
12 


90 


for which such meeting is held, be qualified to vote 
at such election in such district, the board shall, and 
in all cases, may administer to such applicant the 
oath which is required by law to be administered to 
a challenged person offering to vote at a general elec¬ 
tion, and may thereupon examine him as to his quali¬ 
fications as an elector. Such applicant may also be 
required by the board to state, under oath, his age, 
his residence by street and number, if it have a street 
number, and otherwise to describe the locality thereof, 
and if he is not a householder, to state the name of 
the householder with whom he resides, and in like 
manner to describe the residence of such householder. 
If the applicant shall make such statement and shall 
make oath or affirmation to the circumstances which 
qualify him to vote at such election in such district, 
his name shall be added to such list of voters. The 
board shall at any such meeting erase from such list 
of voters the name of any person thereon who is 
proven to the satisfaction of the board to be not quali¬ 
fied to vote in such district at such election, or who can 
not be so qualified at the time of such election. I f the 
board shall, at any meeting, upon sufficient evidence 
being presented to it refuse to strike from such list of 
voters the name of any person not so qualified to vote 
or shall refuse or neglect to place upon such list the 
name of any person who is entitled to have his name 
placed thereon, application may be made to any jus¬ 
tice of the supreme court of the judicial district in 
which such election district is, or to any justice of the 
supreme court residing in a county adjoining such 
judicial district, or to the county judge of the county, 
or to any judge of a court of record of a c ity in which 
such election district is, and such j ustice 01 j udge may, 
upon sufficient evidence, and upon such notice to the 
members of the board of registry and such other 
persons interested, of such application as the justice 


91 

or judge may require, order such name to be stricken 
from or added to such list or the register of voters, 
as the case may be, and such list or register shall be 
corrected accordingly. 

§ 9. Registration of a challenge.— If at any such 
meeting of a board of registry any elector of the dis¬ 
trict shall upon oath declare that he has reason to 
believe that any person on such list of voters is not 
so qualified to vote, the board of registry shall place 
the words “ to be challenged ” opposite the name of 
such person, and when such person shall offer his 
vote at such election, the general oath as to qualifica¬ 
tions shall be administered to him, and if he shall 
refuse to take such oath he shall not be permitted to 
vote. 

§ 10. Registered voters entitled to vote only.—At 
the opening of the polls of every election in each 
election district, the board of inspectors of election 
thereof shall then and there have the original regis¬ 
ter of voters of such district for such election, and the 
two certified copies thereof retained by the members 
of the board of registry, and no person shall vote at 
such election in such district, unless his name is on 
such register. The inspectors shall check upon the 
register the name of each person whose vote is cast, 
and before another vote shall be taken. The right of 
any person to vote whose name is on such register 
shall be subject to challenge as though this act had 
not been passed. 

§11. Fradulent registration a felony.— The clerks 
of elections in cities shall enter upon the poll-lists of 
each election, opposite the name of each person, his 
age, as near as it can be ascertained, his residence bv 
street and number, if it have a street number, and 


92 

otherwise a brief description of the locality thereof. 
Any person offering to vote at any election in a city 
shall, if required by an inspector of election, before 
his vote shall be received, truly state his age and his 
residence accordingly, and if he shall refuse so to do 
he shall not be allowed to vote, and any person will¬ 
fully making a false statement in relation to his age 
or residence, upon such requirement, shall be guilty 
of a felony. 

§ 12. Certified copies of poll-lists.—After the can¬ 
vass of the votes each register so checked and such 
certified copies shall be filed in the office in which the 
poll-lists of such election in such district are required 
by law to be filed. 

§ 13. Boards of registry must meet in public.— All 
meetings of the board of registry shall be public. 
The lists and the register of voters and the certified 
copies thereof shall at all reasonable hours be 
accessible to the public for examination or for 
making copies thereof. 

§ 14. Powers to preserve order.— Each board of 
registry shall have and exercise the same powers in 
preserving order at their meetings as are given to 
inspectors of election for preserving order on election 
days. 

§ 15. House-dwellers must answer questions.— 
Every person dwelling in any building in a city shall 
truly answer all questions asked by any elector of the 
city intermediate the first meeting of the board of 
registry therein for any election and the close of such 
election, relating to the residence and qualifications 
as a voter of all persons dwelling in such building, 
and of all persons who appear upon the list or regis- 


93 


ter of voters made by such board as residing at such 
building, and any person who shall willfully violate 
any provision of this section shall be guilty of a 
misdemeanor. 

§ 16. Who may challenge voters.—Any qualified 
elector in a city or town may challenge and contest 
the right of any person to vote at any election in any 
election district in such city or town, or to have his 
name placed by the board of registry upon a list or 
register of voters at any election district in such city 
or town. 

§17. Oath of office of the clerk.—Any board of 
registry may appoint one clerk to assist in the per¬ 
formance of the clerical duties of the said board for 
not more than four days in cities and not more than 
three days elsewhere. Such clerk shall take the con¬ 
stitutional oath of office before he enters upon the 
performance of his duties. 

§ 18. Compensation of members of board of regis¬ 
try.— The members and clerk of each board of regis¬ 
try shall be entitled to the same per diem compensa¬ 
tion as inspectors and clerks of election respectively 
for each day they are actually and necessarily 
employed in the performance of their duties, to be 
paid at the same time and in like manner. The 
reasonable and necessary expenses of each board of 
registry for stationery, blanks, instructions and other 
incidental expenses shall be paid in the same manner 
as like incidental expenses of elections. 

§ 19. Administration of oaths.— Any member of a 
board of registry or of inspectors of election may 
administer any oath and certify any affidavit to be 
sworn before him which may be taken before or pre* 


94 


sented to either of such boards, and no member of 
either of such boards or any other officer shall charge 
or receive any fee or reward for administering any 
such oath or certifying any such affidavit. 

§20. Who are qualified voters.— An affirmation 
shall be equivalent to an oath for all purposes of this 
act. A person is a qualified voter in any election dis¬ 
trict for the purposes of having his name placed on 
the list or register of voters by«the board of registry 
thereof, if he is at the time qualified to vote at the 
election for which such registry is made, or may 
become so qualified on or before the day upon which 
such election is to be held. 

§21. Punishment for false registration.— Any per¬ 
son who shall cause his name to be placed upon any 
list or register of voters in more than one election 
district for the same election, or shall cause his name 
to be placed upon such list or register of voters in 
such district knowing that he can not be a qualified 
voter therein at the election for which such list or 
register is made, or who shall falsely personate any 
registered voter, and any such person causing any 
such act or aiding or abetting any person in any 
manner in either of such acts, shall be guilty of a 
felony, and punishable by imprisonment in a state 
prison for not more than five years. Any person who 
shall willfully lose, destroy or mutilate the list or 
registry of voters in any election district, or any 
certified copy thereof after the making of the same 
and before the conclusion of the election for which 
the same are made, shall be guilty of a misdemeanor. 
If any member or clerk of a board of registry shall 
willfully violate any of the provisions of this act, or 
be guilty of any fraud in the execution of his office, 
he shall be guilty of a felony, and be punishable by 


95 

imprisonment in a state prison for not less than two 
nor more than ten years. 

§ 22. The books of registry.— The secretary of state 
shall cause to be prepared a sufficient number of 
suitable books for lists and registers of voters, 
with blank certificates and brief instructions to 
boards of registry therein, for use by such boards in 
preparing lists and registers of voters in pursuance of 
this act, and shall furnish to the county clerk of each 
county at least sixty days before each election to 
which this act is applicable a sufficient number of 
copies of ^his act to furnish one to each inspector of 
election in such county, and a sufficient number 
of such blank-books to furnish five to each board of 
registry in such county, and each county clerk shall 
cause the same to be distributed accordingly within 
ten days after the receipt thereof. 

§ 23. The Saturday half-holiday.— No Saturday 
shall be deemed a holiday nor shall any Saturday 
afternoon be deemed a half-holiday so as to affect 
any meeting or proceeding of a board of registry. 

§ 24. Election laws repealed.— The following laws 
are hereby repealed to wit: Chapter three hundred 
and eighty of the laws of eighteen hundred and fifty- 
nine ; chapter five hundred and seventy of the laws 
ot eighteen hundred and seventy-two; chapter eight 
hundred and twenty-four of the laws of eighteen 
hundred and seventy-three; chapters one hundred 
and forty-two, four hundred and sixty-five, five hun¬ 
dred and eight and five hundred and seventy-six of 
the laws of eighteen hundred and eighty; chapter 
eighteen of the laws of eighteen hundred and eighty- 
one ; chapter thirteen of the laws of eighteen hundred 
and eighty-two; chapter five hundred and eight of 


96 


the laws of eighteen hundred and eighty-three; chap¬ 
ter one hundred and sixty-one of the laws of eighteen 
hundred and eighty-four; chapter six hundred and 
forty-nine of the laws of eighteen hundred and eighty- 
six ; but such repeal shall not affect or impair any act 
done, or right accruing, accrued or acquired, or 
liability, penalty, forfeiture or punishment incurred 
prior to July first, eighteen hundred and ninety, 
under or by virtue of any law so repealed, but the 
same may be asserted, enforced, prosecuted or inflicted 
as fully and to the same extent as if such law had not 
been repealed; the repeal of any such law which 
repeals a prior law, shall not restore such prior law; 
and all actions or proceedings, civil or criminal, com¬ 
menced under or by virtue of the laws so repealed 
and pending on June thirtieth; eighteen hundred and 
ninety, may be prosecuted and defended to final 
effect, in the same manner and with the like effect as 
they might under the laws then existing. 

§ 25. When the law takes effect.— This act shall 
take effect July first, eighteen hundred and ninety. 


STATE OF NEW YORK, 
Office of the Secretary of State. 


I have compared the preceding with the original law on file 
in this office, and do hereby certify that the same is a correct 
transcript therefrom, and of the whole of said original law. 

Given under my hand and the seal of office of the Secretary 
[L. s.] of State, at the city of Albany, this thirteenth day of 
May, in the year one thousand eight hundred and 
ninety. 

FRANK RICE, 

Secretary of State . 



THE BROOKLYN REGISTRATION ACT. 


AN ACT to Amend Sections Seven, Nine and Eleven 
of Title Twenty of Chapter Five Hundred and 
Eighty-three of the Laws of Eighteen Hundred 
and Eighty-eight, entitled “An Act to Revise 
and Combine in a Single Act all existing Special 
and Local Laws Affecting Public Interests in 
the City of Brooklyn,” with Reference to 
Elections. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1 . Section 7 of title 20 of chapter 583 of the 
Laws of 1888, is hereby amended so as to read as 
follows: 

§ 7. The said registrars of election shall make the 
registry hereinafter provided for in the city of 
Brooklyn, and the said registrars and inspectors 
shall hold the elections hereinafter mentioned, and 
preside at the same, and have and possess all the 
powers, and be subject to all the duties and 
liabilities of inspectors of election. The registrars 
of each election district shall meet at the place 
designated for holding the poll therein at the 
next general election, on Tuesday, four weeks, 
Wednesday of the # third week, and Friday and 
Saturday of the second week preceding the day 
of November election of each year, for the purpose 
of registering the names of the legal voters of such 
election district, and for this purpose they shall 
organize themselves as a board of registry in each 
©lection district, and appoint, or in case they cannot 
IS 



98 


agree, select by lot, one of their number as chairman 
of the board. The said board shall be and remain in 
attendance on each of the days above named at said 
designated place, from seven to ten o’clock in the fore¬ 
noon, and from three to ten o’clock in the afternoon, 
for the purpose of making a list of ail persons who 
are, or will be on the day of the next election, quali¬ 
fied and entitled to vote at such election in said 
election district, under and in accordance with the 
provisions of the constitution and laws of this state, 
and who have personally appeared and asked to be 
registered. The name of no person shall, at any time, 
be entered upon said registry unless the elector shall 
personally appear before said registrars. Such list, 
when completed, shall constitute and be known as the 
registry of electors of said district. Each member 
of said board shall make a list of qualified voters in 
the district, and enter therein, under the heading of 
the street or avenue in which each voter resides, his 
name, age, residence, and the duration of his resi¬ 
dence in the State, in the county, and in the election 
district; and no person shall be registered unless he 
be at the time or will be on the day of the next elec¬ 
tion a resident and qualified voter within the election 
district, and it shall be the duty of the registrars 
receiving his name, if such person be challenged, 
or in case such registrars shall have cause to sus¬ 
pect such person /is not a resident of such dis¬ 
trict, or is from any cause disqualified from vot¬ 
ing therein, to administer to him the same oath 
which the law prescribes shali be administered to 
a challenged person attempting to vote at a regu¬ 
lar election, and such registrars shall make a 
memorandum on the registry opposite the name of 
every person who has been thus sworn. The fact that 
such person has been thus sworn shall not prevent his 
being sworn again if challenged for any cause, when 


99 

he«attempts to vote at the next election. It shall be 
the duty of every naturalized citizen, before being 
registered, to produce to the registrars, if any regis¬ 
trar shall require, his naturalization papers for their 
inspection, and to make oath before them that he is 
the person purporting to have been naturalized by the 
papers so produced, unless such citizen was natural¬ 
ized previous to eighteen hundred and sixty-seven, 
and any person knowingly taking a false oath 
before such registrars shall be punished as for 
willful and corrupt perjury. If at any time, on 
or prior to the Thursday preceeding the day of elec¬ 
tion, the board of registrars in any election district 
shall be satisfied that any person otherwise eligible 
as a voter in the said city has by mistake been 
registered in the election district in which said board 
shall have been and shall be serving, and shall be 
entitled to be registered in another district in the 
same ward, they shall strike his name from their said 
registry; and thereupon give to such voter a certifi¬ 
cate signed by said board that his name has been 
striken from their said registry on account of such 
removal, and shall strike his name off from the 
registry on which it has been entered; and on 
presentation of such certificate to the registrars 
of the district to which he shall have so removed, at 
their final meeting, on the Thursday preceding the 
day of election, his name shall be entered on the 
registry in such district, with a memorandum of such 
removal. 

§ 2. Section nine of title twenty of chapter five 
hundred and eighty-three of the laws of eighteen 
hundred and eighty-eight is hereby amended so as to 
read as follows: 

§ 9. On the Monday next after the last of the four 
days hereinbefore provided for the registration of 
voters the said registrars of each election district shall 


100 


make and complete four additional lists of «aid 
registry, and enter therein the names of the persons 
registered, under the heading of the streets or avenues 
in which they reside, their age, place of residence, in 
numerical order, length of time of residence in the 
state, in the county and in the election district, and in 
a column headed “remark^” if to be challenged, as 
follows: 


Name of Street or Avenue 



101 


o 




o 


b £ 

© C) 


V- <X) 

° © -.J 
& fl 2 © 

Q,' r—H *eH 

§©.2.2 
►3 2 ^ 


•s © 

O o _ >> 

^ ^ i ^ 
S3 

bra 4-1 2 
n-£ fl a 


© 


«t-« <D 

O o 

•M 4-> 

bTd 4 ^ C3 
era d-*-* 

§§- 2cq 

iJ ^ 


© 

b£ 

<J 


O . 

© Q 

si 

&■ 


u J 
<D fl 
.O O 

\Z tH 


a 


- d 
2 d 
^ b£ 

I *S 

©,£ 

a ** 
© © 
'O.d 
••-< -♦-> 

02 O 
0) ^ 

«S 
































102 


The said lists, when so completed, shall be signed 
and certified by each registrar. Two of the said lists 
shall be carefully preserved by the board of regis¬ 
trars for use on the day of election, and the other two 
lists shall be delivered on the following day to the 
board of elections to print and distribute for each 
ward, respectively, fifty times as many copies of said 
lists as there are districts in the ward, in pamphlet 
form, so that each ward pamphlet shall contain the 
lists of the several election districts in each ward. It 
shall also be the duty of the said board of elections 
to select and hire all polling-places and place them in 
proper order and condition; to furnish to the vari¬ 
ous election officers provided for in this title, such 
registries, maps, books, blanks, instructions and sta¬ 
tionery as mav be necessary for the proper discharge 
of their duties. 

§ 3. Section eleven of title twenty of chapter five 
hundred and eighty-three of the Laws of eighteen 
hundred and eighty-eight is hereby amended so as to 
read as follows: 

§ 11. It shall be the duty of said registrars and said 
inspectors to act as„inspectors of elections in the dis¬ 
tricts wherein they are appointed, at the next general 
election after such appointment. They shall together 
form a board of inspectors of election by appointing, 
or in case they can not agree, selecting by lot one of 
their number to be chairman, and shall also designate 
two of their number at the opening of the polls who 
shall check the name of every voter voting in such 
district whose name is on the registry, and no vote 
shall be received at any general election unless 
the name of the person offering to vote be 
on the said registry; and any person whose 
name is on the registry may be challenged, and 
the same oaths shall be put as are now pre¬ 
scribed by law, and no person shall be permitted to 


103 

vote at any election in the city of Brooklyn unless his 
name shall have been duly registered in accordance 
with the provisions of this title. It shall be their 
duty to be in constant attendance during the hours 
allotted for the discharge of their duties. They shall 
perform all the duties and possess all the powers of 
Inspectors of election in the several towns of this 
state, as now provided by law. The inspectors shall 
cause the lapse of -every hour to be entered 
upon the margin of the poll-lists, beginning at 
the opening of the polls and continuing from 
hour to hour, by noting the hour opposite to 
the name of the respective voter; and causing their 
chairman to sign his name under each entry, 
and shall also enter the time of the closing of the 
polls opposite to the name of the last voter. The 
compensation of the registrars, as registrars, shall 
be four dollars each per day for six days only, and 
the compensation of each inspector shall be five 
dollars and that of the poll-clerks shall be five dollars, 
for the election and five dollars for the canvass, 
and each canvasser shall receive five dollars 
for the canvass, and shall be exempt from jury 
duty for one year thereafter. The registrars 
and the inspectors of election and canvassers 
in each election district while discharging any 
of the duties imposed upon them by this title 
shall have full power and authority, and they are 
hereby required to preserve order and enforce obedi¬ 
ence to their lawful commands at and around the 
place of registration or election during the day of 
any registration, revision of registration, election or 
canvass, estimate or return of votes, to keep the 
access to such place open and unobstructed, to pre¬ 
vent and suppress riots, tumult, violence, disorder, 
and all improper practices tending to the intimida* 
tion or obstruction of voters, the disturbance or in- 


104 


terruption of the work of registration, revision of 
registration or voting, or the canvass, estimate or 
return of votes, and to protect the voters, challengers 
and persons designated to watch the canvass of any 
ballots from intimidation or violence, and the regis¬ 
tries, poll-books, boxes and ballots from violence and 
fraud, and to appoint or deputize, if necessary, one or 
more electors to communicate their orders and direc¬ 
tions and to assist in the enforcement thereof. 

§ 4. All acts and parts of acts inconsistent with this 
act are hereby repealed. 

§ 5. This act shall take effect immediately. 


STATE OF NEW YOKE, ) sg . 

Office of the Secretary of State, 1 
I have compared the preceding with the original law on file 
in this office, and do hereby certify that the same is a correct 
transcript therefrom, and of the whole of said original law. 

Given under my hand and the seal of office of the Secretary 
[l. s. of State, at the city of Albany, this twentieth day of May 
in the year one thousand eight hundred and ninety. 

FRANK RICE, 

Secretary of State. 



THE ENABLING ACT 


CHAPTER 330 OF THE LAWS OF 1890. 


AN ACT to Provide for the Expense of Conducting 
Public Elections. 

The People of the State of New York , represented in 
Senate and Assembly, do enact as follows: 

Section 1. The appropriate boards or other public 
bodies or officers authorized by law to make appro- 
priatioDS or to provide for the expenses of public 
elections, are hereby authorized and empowered to 
make such additional appropriations or provisions 
during the year eighteen hundred and ninety as may 
be found to be necessary to meet such expenses of 
elections as are made by law a charge upon their 
respective counties, cities, towns or villages. 

§ 2. Such appropriations may either be included in 
the amount to be raised by taxation upon the prop¬ 
erty real and personal within the county, town, city, 
or village upon which such election expenses are 
made a charge by law, or certificates of indebtedness 
or revenue bonds may be issued or sold at not less 
than their par value in order to provide the funds 
necessary to mee* such expenses, and the sums 
requisite to redeem and pay the same shall be 
included in the tax levy of the ensuing year. 

§ 3. This act shall take effect immediately. 


14 




106 


STATE OF NEW YORK, * 

Office or the Secretary of State. ( ss ’‘ 

I have compared the preceding with the original law on file 
in this office, and do hereby certify that the same is a correct 
transcript therefrom, and of the whole of said original law. 

Given under my hand and the seal of office of the Secretary 
Ll. s.] of State, at the city of Albany, this twentieth day of , 
in the year one thousand eight hundred and ninety. 

FRANK RICE, 

Secretary of State. 


THE TOWN MEETING ACT 


CHAPTER 341 OF THE LAWS OF 1890. 


AN ACT to Amend Chapter One Hundred and 
Twenty-two of the Laws of Eighteen Hundred 
and Eighty-three, Entitled “An act to Provide 
for Voting by Ballot at Town Meetings on 
Propositions to raise Money by Tax,” as Amended 
by Chapter Eighty-two of the Laws of Eighteen 
Hundred and Eighty-five. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

Section 1 . Section 2 of chapter 122 of the Laws of 
1883, as amended by chapter 82 of the Laws of 1885, is 
hereby further amended so as to read as follows: 

§ 2. The town clerk, at the expense of the town, 
shall give five days’ notice, posted in five conspicuous 
places in town, of any proposed appropriation or tax 
for raising or borrowing of money, and shall provide 
a ballot box, or boxes, labeled “ appropriations,” and 
furnish, for the use of the electors, ballots on which 
shall be written or printed a heading “appropri¬ 
ation,” and on the inside of the ballot shall be 
written or printed the amounts and purposes of 
each specific appropriation separately, and opposite 
each specific appropriation shall be written or printed 
the words “no” and “yes,” so that any elector can 
erase either the affirmative or negative words as ho 
may choose, and the number of affirmative or nega- 




108 


tive words appearing opposite any specific appropri¬ 
ation shall determine the result of the ballot. 

§ 2> This act shall take effect immediately. 


STATE OF NEW YORK, ) gs . 

Office of the Secretary of State. > 

I have compared the preceding with the original law on file 
in this office, and do hereby certify that the same is a correct 
transcript therefrom, and of the whole of said original law. 

Given under my hand and the seal of office of the Seretary 
[l. s.] of State, at the city of Albany, this twentieth day of , 
in the year one thousand eight hundred and ninety. 

FRANK RICE, 

Secretary of State. 





THE 

CORRUPT PRACTICES ACT. 


Chapter 94 . 

AN ACT to Amend Title Five of the Penal Code, 
Relating to Cbimes Against the Elective 
Fbanchise. 

Approved by the Governor, April 4, 1890. Passed, three-flfths 
being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1 . Amendments to the Penal Code.— Title 
five of the Penal Code, entitled “Of crimes against 
the elective franchise,” is hereby amended so as to 
read as follows: 

§41. What is unlawful.—It shall be unlawful for 
any person, directly or indirectly, by himself or 
through any other person: 

1. To pay, lend or contribute, or offer or promise to 
pay, lend or contribute any money or other valuable 
consideration, to or for any voter, or to or for any 
other person, to induce such voter to vote or refrain 
from voting at any election, or to induce any voter to 
vote or refrain from voting at such election for any 
particular person or persons, or to induce such voter 
to come to the polls or remain away from the polls at 
such election, or on account of such voter having 
voted or refrained from voting or having voted or 
refrained from voting for any particular person, or 



110 

having come to the poll or remained away from the 
polls at such election. 

2. To give, offer or promise any office, place or 
employment, or to promise to procure or endeavor to 
procure any office, place or employment to or for any 
voter, or to or for any other person, in order to induce 
such voter to vote or refrain from voting at any elec¬ 
tion, or to induce any voter to vote or refrain from 
voting at such election for any particular person or 
persons. 

3. To make any gift, loan, promise, offer, procure¬ 
ment or agreement, as aforesaid, to, for or with any 
person in order to induce such person to procure or 
endeavor to procure the election of any person, or the 
vote of any voter at any election. 

4. To procure or engage, promise or endeavor to 
procure, in consequence of any such gift, loan, offer, 
promise, procurement or agreement, the election of 
any person or the vote of any voter at such election. 

5. To advance or pay or cause to be paid any money 
or other valuable thing to or for the use of any other 
person with the intent that the same, or any part 
thereof, shall be used in bribery at any election, or to 
knowingly pay, or cause to be paid, any money or 
other valuable thing to any person in discharge 
or repayment of any money, wholly or in part, 
expended in bribery at any election. 

§ 41a. Making bargains through agents.— It shall 
be unlawful for any person, directly or indirectly, by 
himself or through any other person: 

1. To receive, agree or contract for, before or during 
an election, any money, gift, loan or other valuable 
consideration, office, place or employment for himself 
or any other person, for voting or agreeing to vote, or 
for coming or agreeing to come to the polls, or for 
remaining away or agreeing to remain away from the 


Ill 


polls, or for refraining or agreeing to refrain from 
voting, or for voting or agreeing to vote or refraining 
or agreeing to refrain from voting for any particular 
person or persons at any election. 

2. To receive any money or other valuable thing 
during or after an election on account of himself or 
any other person having voted or refrained from vot¬ 
ing at such election, or on account of himself or any 
other person having voted or refrained from voting 
for any particular person at such election, or on 
account of himself or any other person having come 
to the polls or remained away from the polls at such 
election, or on account of having induced any other 
person to vote or refrain from voting or to vote or 
refrain from voting for any particular person or 
persons at such election. 

§ 41b. Bets and wagers.—It shall be unlawful for 
any candidate for public office, before or during an 
election, to make any bet or wager with a voter, or 
take a share or interest in or in any manner become 
a party to any such bet or wager, or provide or agree 
to provide any money to be used by another in making 
such bet or wager, upon any event or contingency 
whatever. Nor shall it be lawful for any person, 
directly or indirectly, to make a bet or wager with a 
voter, depending upon the result of any election, 
with the intent thereby to procure the challenge of 
such voter, or to prevent him from voting at such 
election. 

§ 41c. Threats and intimidation.—It shall be unlaw¬ 
ful for any person, directly or indirectly, by himself 
or any other person in his behalf, to make use of, or 
threaten to make use of, any force, violence or 
restraint, or to inflict or threaten the infliction by him¬ 
self, or through any other person, of any injury, 


112 


damage, harm or loss, or in any manner to practice 
intimidation upon or against any person, in order to 
induce or compel such person to vote or refrain from 
voting at any election, or to vote or refrain from vot¬ 
ing for any particular person or persons at any elec¬ 
tion, or on account of such person having voted or 
refrained from voting at any election. And it shall 
be unlawful for any person by abduction, duress or 
any forcible or fraudulent device or contrivance 
whatever to impede, prevent, or otherwise interfere 
with, the free exercise of the elective franchise by 
any voter; or to compel, induce, or prevail upon any 
voter either to give or refrain from giving his vote at 
any election, or to give or refrain from giving his 
vote for any particular person at any election. It 
shall not be lawful for any employer in paying his 
employes the salary or wages due them to inclose 
their pay in “pay envelopes ” upon which there is 
written or printed any political mottoes, devices or 
arguments containing threats, express or implied, 
intended or calculated to influence the political 
opinions or actions of such employes. Nor shall it 
be lawful for any employer, within ninety days of 
general election to put up or otherwise exhibit in his 
factory, work-shop or other establishment or place 
where his employes may be working, any hand-bill 
or placard containing any threat, notice or informa¬ 
tion that in case any particular ticket or candidate 
shall be elected, work in his place or establishment 
will cease, in whole or in part, or his establishment 
be closed up, or the wages of his workmen be 
reduced, or other threats express or implied, intended 
or calculated to influence political opinion or 
actions of his employes. This section shall apply 
to corporations, as well as to individuals, and 
any person or corporation violating the provisions of 
this section shall be deemed guilty of. a misdemeanor, 


113 

and any corporation violating this section shall forfeit 
its charter. 

§ 41d. Statement of election expenses.— Every can¬ 
didate who is voted for at any public election held 
within this state shall, within ten days after such 
election, file as hereinafter provided an itemized 
statement, showing in detail all the moneys contrib¬ 
uted or expended by him, directly or indirectly, by 
himself or through any other person, in aid of his 
election. Such statement shall give the names of the 
various persons who received such moneys, the specific 
nature of each item, and the purpose for which it was 
expended or contributed. There shall be attached to 
such statement an affidavit subscribed and sworn to 
by such candidate, setting forth in substance that the 
statement thus made is in all respects true, and that 
the same is a full and detailed statement of all moneys 
so contributed or expended by him directly or 
indirectly, by himself or through any other person in 
aid of his election. Candidates for offices to be filled 
by the electors of the entire state, or any division or 
district thereof greater than a county, shall file their 
statements in the office of the secretary of state. The 
candidates for town, village and city offices, except¬ 
ing the city of New York, shall file their statements 
in the office of the town, village, or city clerk respect¬ 
ively, and in cities wherein there is no city clerk, with 
the clerk of the common council wherein the election 
occurs. Candidates for all other offices, including 
all offices in the city and county of New York, shall 
file their statements in the office of the clerk of the 
county wherein the election occurs. 

§ 41e. Witnesses of offenses.—A person offending 
against any provision of sections forty-one and forty 
one-a of this act is a competent witness against anothei 
15 


114 


person so offending, and may be compelled to attend 
and testify upon any trial, hearing, proceeding or 
investigation in the same manner as any other per¬ 
son. But the testimony so given shall not be used in 
any prosecution or proceedings, civil, or criminal, 
against the person so testifying. A person so testify¬ 
ing shall not thereafter be liable to indictment, prose¬ 
cution or punishment for the offense with reference 
to which his testimony may be given and may plead 
or prove the giving of testimony accordingly, in bar 
of such an indictment or prosecution. 

§ 41f. Punishments for violating the act.—Whoso¬ 
ever shall violate any provision of this title, upon 
conviction thereof, shall be punished by imprison¬ 
ment in a county jail for not less than three months 
nor more than one year. The offenses described in 
section* forty-one and forty-one-a of this act are 
hereby declared to be infamous crimes. When a per¬ 
son is convicted of any offense mentioned in section 
forty-one of this act he shall in addition to the pun¬ 
ishment above described, forfeit any office to which 
he may have been elected at the election with refer¬ 
ence to which such offense was committed; and when 
a person is convicted of any offense mentioned in 
section forty-one-a of this act he shall in addition to 
the punishment above prescribed be excluded from 
the right of suffrage for a period of five years after 
such conviction and it shall be the duty of the county 
clerk of the county in which any such conviction shall 
be had, to transmit a certified copy of the record of 
conviction to a clerk of each county of the state, 
within ten days thereafter, which said certified copy 
shall be duly filed by the said county clerks in their 
respective offices. Any candidate for office who 


*So in the original. 



115 


refuses or neglects to file a statement as prescribed 
in section forty-one-d of this act shall be deemed 
guilty of a misdemeanor, punishable as above pro¬ 
vided and shall also forfeit his office. 

§ 41g. Crimes defined.— Other crimes against the 
elective franchise are defined, and the punishment 
thereof prescribed by special statutes. 

§ 2. A section repealed.—Section forty-one of the 
Penal Code, as it existed prior to the passage of this 
act, is hereby repealed. 

§ 3. Act takes effect immediately.—This act shall 
take effect immediately. 


STATE OF NEW YORK. 
Office of the Secretary of State. 


ss.: 


I have compared the preceding with the original law on file 
in this office, and do hereby certify that the same is a correct 
transcript therefrom and of the whole of said original law. 

Given under my hand and the seal of office of the Secretary 
[l. s.l of State, at the city of Albany, this sixth day of May, 
in the year one thousand eight hundred and ninety. 


FRANK RICE, 

Secretary of State, 



PRIMARY ELECTION LAW 


Chapter 265 . 

AN ACT to Protect Primary Elections and Conven¬ 
tions of Political Parties, and to Punish Offenses 
Committed Thereat. 

Passed May 2,1887; three-fifths being present. 
The People of the State of New York, represented in 
Senate and Assembly, do enact as follows: 

Section 1 . Inspectors for political primaries.— 
Every political primary election held by any politi¬ 
cal party, organization or association, for the pur¬ 
pose of choosing candidates for office or the election 
of delegates to conventions, or for the purpose 
of electing officers of any political party, organi¬ 
zation or association, shall be presided over and 
conducted by inspectors to be selected in the manner 
prescribed by the rules or regulations of the associa¬ 
tions holding such primary, and such primary election 
shall, at every poll, be public to the watchers herein¬ 
after provided for from its commencement to the 
close of the canvass. 

§ 2. Notices of primaries in cities.— No such pri¬ 
mary election shall be held unless at least two days’ 
notice of the holding of same shall be given as fol¬ 
lows : If said election is to take place in a city where 
a daily newspaper is published, by publishing the 
same in such daily newspaper at least twice; and in 
case no daily newspaper is published in said city, by 
posting a notice of the holding of said primary in at 
least three public places in said city, and such election 



117 

shall be held at such hours between nine o’clock in 
the forenoon and nine o’clock in the afternoon as 
may be prescribed by the party, organization or asso¬ 
ciation holding the same, but such polls shall be held 
open not less than one hour, and the voting thereat 
shall be by ballot. 

§3. Candidates to be allowed watchers.— At any 
time before or during any such primary election held 
for the purposes herein provided, the candidates or a 
majority thereof named on any ticket to be voted for 
at such primary election, shall have the right to name 
one elector as watcher at the poll of such election 
district for such election. 

§ 4. Watchers, how designated.—The names and 
residences of the persons so named as watchers shall 
be presented to the presiding officer or secretary of 
the general committee of such political party, organi¬ 
zation or association in the city or county where such 
election is to be held and he shall, by written or 
printed appointment, signed by him, appoint such 
persons so named as such watchers and notify them 
of their appointment. In case of the neglect or 
refusal of said presiding officer or secretary of said 
political party, organization or association so to 
appoint and notify said watchers as aforesaid, or in 
case of the refusal of any person so appointed to act 
as such watchers, or if for any other reason said 
watchers shall not be duly appointed or shall omit to 
act as such, then the candidates or candidate who 
named them may, at the time of holdiDgsaid election 
or at any time during the same, nominate, in writing, 
to said inspectors, one person to act as such watcher, 
and the said inspectors shall thereupon, orally or in 
writing, appoint said person so named as such watcher 
and shall allow said watcher to act as such. 


118 


§5. Rights of watchers.— Said watchers and each 
of them shall be entitled to be present at such elec¬ 
tion, in the room occupied by the inspectors of election 
commencing at least fifteen minutes before any bal¬ 
lot-box shall be opened, until the close of the canvass 
and the signing of the proper returns of such election. 

§ 6. Oaths of inspectors, etc.— The presiding officer 
and inspectors at any such election shall, before 
entering upon their duties, and in the presence of the 
said watchers, severally sign and swear to an oath in 
the form now required of inspectors at general elec¬ 
tions, and the said oaths so taken and subscribed 
shall be filed as hereinafter stated. 

§ 7. Examination of ballot-box before use.— At 
every such election, immediately before any ballots 
are received by the inspectors of election, or any of 
them, said inspectors shall open every ballot-box 
used or to be used at such election, and permit each 
watcher present to examine said ballot-box and 
every part or portion thereof, so that he can see that 
there is, at the commencement of receiving ballots, 
no ballots therein. 

§8. Watchers may be present. — Every watcher 
shall have the right from the time of so inspect¬ 
ing said ballot-box or boxes, at any and all times 
until the canvass of the ballots and signing of the 
proper returns and copies thereof, to be present in 
the room occupied by said inspectors in a "posi¬ 
tion and place where he may fully, conveniently 
and comfortably watch the reception and deposit of 
every ballot cast at such election, and the full and 
final canvass of the ballots, and signing of the proper 
returns and copies thereof, and no ballot-box, or bal¬ 
lot cast, except it be in the ballot-box, shall be 


119 


removed from the constant sight and inspection of 
such watchers, until the canvass is closed and the 
proper returns and copies thereof made and com¬ 
pleted. 

§ 9. Ballot-box, how placed.—Every ballot-box 
shall be so placed at a window or elsewhere, that the 
voter depositing any ballot, and each watcher may 
conveniently see every ballot received by the inspect¬ 
ors and deposited in the ballot-box, and no screen or 
other obstruction to such view of any ballot by the 
voter or any watcher shall be allowed. 

§ 10. Poll-list to be kept.— The inspectors of elec¬ 
tion shall keep a poll-list of the name and residence 
of each person voting at such election. If requested 
by any watcher or any elector present at any such 
canvass, it shall be the duty of the inspectors of 
election, and each of them, at such canvass to 
exhibit any and all ballots cast at such election, to 
such watcher or elector, fully opened, and in such a 
condition and manner that he may fully and carefully 
read and examine the same, though said inspector 
shall not allow any such ballot to be taken from his 
hand. 

§ 11. Certificate by inspectors.—Every inspector 
acting at any such primary election shall make and 
sign a certificate, statement or return of the canvass 
of such election, and the same shall be made upon a 
single sheet of paper, or if not, each half sheet shall 
be signed at the end thereof by the inspector or 
inspectors so acting. If any less than a majority of 
the inspectors chosen act at such primary, the cer¬ 
tificate, statement or return of the inspector or 
inspectors acting shall be of the same force and 
effect as if signed by all or a majority of the inspect- 


120 


ors chosen, any rule or regulation of such associa¬ 
tion to the contrary notwithstanding. 

§ 12. Room for holding primary.— The room used 
for the reception of ballots shall be of a reasonable 
size, so as to admit at all times at least ten electors, 
including the watchers, exclusive of the inspectors of 
election. 

§ 13 . Right of challenge. —Any watcher or other 
elector may challenge the right of any person offering 
to vote at any such election. 

§ 14. Votes challenged.—The vote or ballot of any 
person offered at such election shall, upon challenge 
by any lawful voter thereat, be rejected, unless he be 
sworn as to his qualifications as such voter; and the 
presiding officer, or any inspector of such primary 
is hereby empowered, and it shall be his duty to 
administer an oath to such person, and to any other 
person offering to vote, as he may deem advisable, to 
the effect that he will true answers make to such 
questions as shall be put to him touching his qualifi¬ 
cations as a voter, and his right to vote. He may 
then be examined as to such qualifications and right 
to vote. If he shall swear to the necessary qualifica¬ 
tions of a voter, as prescribed by the regulations of 
the association holding the primary or convention, 
his vote shall be received, provided that no rule, 
regulation or restriction of any such association shall 
authorize electors of opposite political parties to vote 
thereat. If the person sworn and examined inten¬ 
tionally swear falsely as to his qualifications as a 
voter, he shall be deemed guilty of perjury, and, 
shall, on conviction, be punished as now prescribed 
by law for the crime of perjury. 


121 

§ 15. Public announcement of result.— The inspect¬ 
ors of election of each election district shall immedi¬ 
ately after the completion of the canvass publicly 
announce the vote thereat and the result of such can¬ 
vass, and shall within eighteen hours after the com¬ 
pletion of the canvass, file the returns or statements 
of the same in the office of the city clerk where such 
election is held, except that in the city of New York 
the same shall be tiled in the office of the register of 
said city and in the several cities of the state other 
than the city of New York in which the county clerk’s 
office is kept, the same shall be filed in the office of 
the county clerk. The said inspectors shall depute 
one of their number to and he shall file said returns 
as above prescribed, and shall file therewith the oaths 
so taken and subscribed by them, and the poll-list of 
the mame* and the residence of each person voting at 
such election. 

§ 16. Statements to be public.—The returns or 
statements of any such election on file as aforesaid 
shall be public records, and open to inspection and 
examination by any elector of the state. 

§ 17. Fraudulent acts of inspectors.— Every inspec¬ 
tor, teller or canvasser at any such primary election 
who shall knowingly receive the vote of any indi¬ 
vidual who shall have been challenged, or who is 
known to him not to be entitled to vote at such pri¬ 
mary, unless the same shall be first sworn in as afore¬ 
said, or shall in any manner fraudulently or wrong¬ 
fully deposit or put any ballot into, or take any from 
the ballot-box of said primary election, or shall 
fraudulently or wrongfully mix any ballots with those 
cast at said primary election, or shall knowingly 


* So in the original. 

16 



122 


make, or attempt to make, any false canvass of the 
ballots cast at any election, or shall knowingly make 
or attempt to make any false statement of the 
result of any canvass, though not signed by a major¬ 
ity of the inspectors of election, shall be guilty of a 
felony and be punished by imprisonment in a county 
jail or penitentiary, or in the state prison, not less 
than one year nor more than five years. 

§18. Fraudulent acts of inspectors.— Any person 
who shall induce or attempt to induce, any inspector 
of election to do any act forbidden by the last section 
shall be guilty of a felony, and be punished in the 
same manner and to the same extent. 

§ 19. False personation.— If at any political pri¬ 
mary election held by any political party, organiza¬ 
tion or association in this state, any individual shall 
falsely personate and vote, or attempt to vote, under 
the name of any other person, or shall intentionally 
vote or attempt to vote, without the right to do so, or 
shall willfully or wrongfully obstruct or prevent others 
from voting, who have the right to do so at such pri¬ 
mary, or shall fraudulently or wrongfully conceal or 
destroy ballots cast, or in any manner intentionally 
or wrongfully deposit ballots in the ballot-box, or 
take them therefrom, or shall commit any other 
fraud or wrong tending to defeat or affect the result 
of the election, he shall be deemed guilty of a misde¬ 
meanor, and punished as hereinafter prescribed. 

§ 20. Violation of act— Every inspector of election 
who shall intentionally, omit, neglect or refuse to do 
any act required by this act, and every inspector of 
election, policeman, member of any police force or 
other person who shall intentionally refuse to permit 
the doing of any act hereby allowed to be done by 


123 


any watcher or elector, or shall intentionally do any 
act forbidden by this act except in sections fourteen, 
seventeen and eighteen thereof, sl^all be guilty of a 
misdemeanor, and be punished by imprisonment in a 
county jail or penitentiary for not less than three 
months nor more than one year or by a fine not 
exceeding two hundred and fifty dollars, or by both 
such fine and imprisonment. 

§ 21. “ Inspector” defined.—The word “ inspector 
used herein shall be construed to include and mean 
all officers who, under a law of this state, shall be 
required to canvass votes. 

§22. Qualifications of voter.— No person shall be 
entitled to vote at any primary election unless of the 
age of twenty-one years, a citizen of the United 
States, and a resident for ten days of the ward or 
district in and for which such primary election shall 
be held. 

§ 23. Act to apply to cities.— This act shall apply 
only to the cities in the state in which, as appears by 
the last census of the United States, there was a 
population of over ten thousand inhabitants. 

§ 24. Cities of less than ten thousand.— Section 
one of chapter three hundred and eighty of the laws 
of eighteen hundred and eighty-three, entitled “An 
act to repeal sections eight and nine of chapter one 
hundred and fifty-four of the laws of eighteen hun¬ 
dred and eighty-two, entitled ‘ An act to protect 
primary elections and conventions of political parties 
and to punish offenses committed thereat,’ ”is hereby 
amended so as to read as follows: 

§ 1. Sections eight and nine of chapter one hundred 
and fifty-four of the laws of eighteen hundred and 


124 

eighty-two, entitled “ An act to protect primary elec¬ 
tions and conventions of political parties and to 
punish offenses committed thereat,” are hereby 
repealed; but the provisions of the remaining sec¬ 
tions of chapter one hundred and fifty-four of the 
laws of eighteen hundred and eighty-two, aforesaid, 
shall not apply to cities in the state in which as 
appears by the last census of the United States there 
was a population of over ten thousand inhabitants. 

§25. Right of five voters.—But notwithstanding 
anything hereinbefore contained, the provisions 
aforesaid in reference to voting by ballot, the time 
for holding open the polls, the taking of an oath by 
the inspectors required by section six, the use of a 
ballot-box at such primaries, the keeping of a poll- 
list of the electors voting and the filing of returns 
required by section fifteen need not be observed 
unless the rules and regulations of the organization 
calling such primary shall require an election by 
ballotor unless tweleve* hours before such primary is 
appointed to be held five qualified electors of the dis¬ 
trict shall serve upon the presiding officer or secre¬ 
tary of the general committee of the political party, 
organization or association in the city in which such 
primary election is to be held, or upon the chairman 
of the district committee of such district a notice or 
demand in writing signed by them stating that they 
require the aforesaid provisions to be observed at 
such primary, or unless such primary meeting shall 
itself by a vote of those present, resolve to observe 
such provisions, then, in such cases, such provisions 
shall be strictly and fairly observed. When any such 
notice or demand shall be thus served it shall be the 
duty of the officer upon whom the same is served to 


* So in the original. 



125 


immediately deliver the same to the presiding officer 
or the inspectors or other officer in charge or control 
of such primary so that the provisions aforesaid can 
be enforced. 

§ 26. This act shall take effect immediately. 


STATE OF NEW YORK. j 
Office of the Secbetaby of State, ] s f‘ : 

I have compared the preceding with the original law on'flle 
in this office, and do hereby certify that the same is a correct 
transcript therefrom and of the whole of said original law. 

FRANK RICE, 

Secretary of State. 



Amendment to Primary Election Law, 


Chapter 117 . 

AN ACT to amend Chapter Two Hundred and Sixty- 
five of the Laws of eighteen hundred and eighty- 
seven, ENTITLED “ An ACT TO PROTECT PRIMARY 
Elections and Conventions of Political Parties, 
and to Punish Offences Committed Thereat.” 

Approved by the Governor April 14,1890. Passed, three-fifths 
being present. 

The People of the State of New York , represented in 
Senate and Assembly , do enact as follows: 

Section 1 . Section two of chapter two hundred and 
sixty-five of the laws of eighteen hundred and eighty- 
seven, entitled “An act to protect primary elections 
and conventions of political parties, and to punish 
offenses committed thereat,” is hereby amended so 
as to read as follow’s: 

§ 2. No such primary election shall be held unless 
at least two day’s notice of the holding of the same 
shall be given as follows: If said election is to take 
place in a city or village where a daily newspaper is 
published, of the same politics with the party giving 
notice of such primary election by publishing the 
same in such daily newspapers at least twice; and in 
case no daily newspaper, of the same politics with the 
party giving notice of such primary election is pub¬ 
lished in said city or village , by posting a notice of 
the holding of said primary election in at least three 
public places in said city or village, and also by pub¬ 
lishing said notice at least two days next pi'ecedmg 



127 


saidprimary election , in a weekly newspaper published 
in said city or village , of the same politics of the party 
giving notice of such primary election, and such elec¬ 
tion shall be held at such hours between nine o’clock 
in the forenoon and nine o’clock in the afternoon as 
may be prescribed by the party organization or 
association holding the same; but such polls shall 
be held open not less than one hour and the voting 
thereat shall be by ballot. 

§ 2. Section twenty-three of said act is hereby 
amended so as to read as follows: 

§ 23. This act shall apply only to cities and villages 
in the state in which, as appears by the last census of 
the United States, there was a population of over Jive 
thousand inhabitants. 

§ 3. This act shall take effect immediately. 


STATE OF NEW YORK, > 

Office of the Secretary of State. 1 ss,: 

I have compared the preceding with the original law on file 
in this office, and do hereby certify that the same is a correct 
transcript therefrom and of the whole of said original law. 

FRANK RICE, 

Secretary of State. 















APPENDIX. 


OPINIONS OF ATTORNEY-GENERAL TABOR 

ON THE 

NEW ELECTION LAWS. 


17 























OPINIONS 


OF 

Attorney-General Tabor on the New 
Election Laws. 


Opinion No. 1. 

The Division of Election Districts and the 
Appointment of Election Inspectors. 

Albany, May 22, 1890. 

T. D. Johnson, Pulaski , New York: 

Dear Sir. — Your communication of the nineteenth 
instant has been received, stating that three inspec¬ 
tors of election were elected in district No. 1, and that 
one of them has moved away, and also stating that 
your town has two election districts, and at the last 
presidential election 1,139 votes were cast, and asking 
what should be done in reference to the .'vacancy in 
the board of inspectors for district No. 1, and if the 
town should have four districts under the new law. 

In reply thereto, I beg leave to state as follows: 

The so-called “ Ballot^Reform Law ” is chapter 262 
of the Laws of 1890, and so far as it is material to the 
question under consideration, provides as follows: 

§ 22. Inspectors and ballot clerks.— The inspectors of 
election in each election district of the state (except in dis¬ 
tricts where all of them are appointed) shall, immediately 
after taking their oath of office, as prescribed] by law, appoint 
two of their number to serve as ballot "clerks during the 
election. The inspectors who were elected as such shall 
appoint one ballot clerk, and the inspectorsNvhojwere appointed 
as such shall appoint the other ballot clerk. In each election 
district, except a district in which all of the inspectors of elec- 



132 


tion are appointed the number of inspectors shall be five, and 
in every such district in 'which there shall be a less number 
than five, the balance of the five offices of inspectors of election 
in such district shall be deemed to be vacant, and shall be 
filled as vacancies in such offices as now provided by law. 
Immediately upon the filling of such vacancies in an election 
district, after the passage of this act, and the qualification of 
the five inspectors of election, they shall appoint two of their 
number to be ballot clerks, as hereinbefore provided. In dis¬ 
tricts where inspectors are not elected, two ballot clerks shall 
be appointed, and ftheir appointment certified at the same 
time and in the same manner as now provided for in case of 
inspectors, except that ballot clerks to serve at the fall election 
of eighteen hundred and ninety shall be appointed and 
their appointment certified at least ten days before 
the day fixed for such election. Vacancies in said office 
shall be filled, and all appointments made to fill such 
vacancies shall be certified as now provided for by law 
in the case of inspectors. In appointing or designating 
ballot clerks, as herein provided, one of them shall be taken 
in each election district from the political party that polled the 
largest number of votes on State issues at the last preceding 
election, and the other from the party that polled on state issues 
the next largest number. The term “ ballot clerks,” when used 
herein, shall be deemed to refer to the persons so designated or 
appointed as such as aforesaid. 

It will be seen by this section that there has been 
no change in the manner of filling vacancies in the 
office of inspector, and such vacancies must still be 
filled as provided by section 22 of article II, title 3, 
chapter 130 of the Laws of 1842. 

Section 23 of the Ballot Beform Law provides that 
“ on or before the 1st day of September, in the year 
1890, and in each year thereafter, the officers now 
charged by law with the division or alteration of elec¬ 
tion districts shall alter or divide the existing election 
districts, when necessary, in such manner that 
each election district shall not contain more than 300 
voters.” 

The officers who are now charged with the division 
or alteration of election districts in towns are the 


133 

supervisor, assessors and town clerk. (Sections 15, 
16, Laws of 1842, supra.) 

The act does not state that in altering or dividing a 
district the number of voters shall be ascertained by 
counting those who voted at the last preceding elec¬ 
tion, although the same section, 23, in prescribing the 
number of voting booths or compartments, provides 
that there “ shall not be less than one for every fifty 
voters who voted at the last preceding election in the 
district 

The fact that no such method of ascertaining the 
number of voters is authorized in the provision relat¬ 
ing to election districts, taken together with the fact 
that the provision is peremptory, and positively 
declares that “each election district shall contain not 
more than 300 voters,” will require the officers to 
ascertain the number of voters in an election district 
in the best manner that they can, in proceeding to 
divide or alter a district, and in the absence of more 
satisfactory proof I think the number of votes cast at 
the last preceding presidential election may be taken 
as evidence of the number of voters that the district 
contains. 

It is also suggested that the census about to be 
taken will, when completed, afford the latest official 
data in regard to the number of voters in the town. 

It appears, therefore, from the provisions of the 
act that the vacancy in the board of inspectors should 
be filled in the old way, and that your town, if it 
actually contains 1,139 voters, should be divided into 
four election districts, and that such division should 
take effect at the next general election, occurring in 
November, so that at that election each district shall 
not contain more than 300 voters. 

CHARLES F. TABOR, 

Attorney-General. 


134 

Opinion No 2. 

Right of Workingmen to Two Hours Leave 
of Absence on Election Day. 

Albany, June 3, 1890. 
Hon. W. H. Mase, Matteawan, N. Y.: 

Dear Sir.— A letter from the Matteawan Manu¬ 
facturing Company, of which you are superintendent, 
of the date of June second, received, in which I am 
asked whether: 

First. Do you hold that part of the Saxton Ballot 
Beform Law constitutional, relating to and com¬ 
pelling employers to give voters two hours for voting 
purposes, and then pay them for their time ? 

In reply thereto I beg leave to state as follows: 

First question: It is not any part of my official 
duty to pass upon the constitutionality of stat¬ 
utes enacted by the Legislature. That is a duty 
which belongs to the judicial department of 
the State; but as was said by Mr. Justice Wash¬ 
ington in Ogden v. Saunders, 12 Wheaton, 270: 
“It is but a decent respect due to the wisdom, the 
integrity and the patriotism of the legislative body 
by which any law is passed to presume in favor of its 
validity, until its violation is proved beyond all rea¬ 
sonable doubt.” And in the celebrated case of Dart¬ 
mouth College v. Woodward, 4 Wheaton, 625, Chief 
Justice Marshall said: “On more than one occasion 
this court has expressed the cautious circumspection 
with which it approaches the consideration of such 
questions, and has declared that in no doubtful case 
would it pronounce a legislative act to be contrary to 
the Constitution.” 

And in People v. Budd, 117 N. Y., 13, Andrews, J., in 
constructing a late statute of this State, regulating 
charges of elevators, said: “The fitness of things 



135 


emphasize and enforce in the particular case the 
settled rule that only when required by the most 
cogent reasons, nor indeed unless compelled by un¬ 
answerable grounds, will a court declare a statute to 
be unconstitutional.” 

In the light of these decisions, I think it is the duty 
of all administrative officers of the State to assume 
that this section of the ballot law is constitutional, 
until held otherwise by the courts. 

Second question: Chapter 388 of the Laws of 1890, 
referred to by you, is entitled “ An act to provide for 
the weekly payment of wages by corporations,” and 
the provisions of the act have application only to 
corporations. 


CHARLES F. TABOR. 










GENERAL 


INDEX 


INDEX TO INTRODUCTION. 

PAGE. 

Political calendar. 4 

Registration days. 5 

Date of nomination certificates. 6 

Suggestions to political committees and election officers, 7 to HO 

Ballot Reform Act. 7 

Brooklyn Registration Law. 25 

Card instructions . 16 

Certificates of political parties. 11 

City and Rural Registration Law. 22 

City registration. 23 

Committees may nominate. 12 

Corrupt Practices’ Act. 26 

Death or resignation. 13 

Declination of a nomination. 13 

Electioneering. 21 

Enabling Act. 25 

Independent nominations. 10 

Inspectors and ballot clerks. 18 

Inspectors for new election districts. 27 

New election districts. 26 

Number of ballots. 15 

Official ballots to be printed. 8 

Paster ballots. 17 

Prohibition party certificates. 11 

Procedure in voting. 20 

Publication of nominations. 14 

Rural registration. 23 

The ballot to be used. 16 

The printing of official ballots. 14 

The secret booth. 19 

Town Meeting Act. 25 

Town and village nominations. 22 

Voting ballots. 19 

Voting by workingmen. 21 

Unofficial ballots. 17 

When certificates must be filed.8 to 9 

18 






































INDEX TO NOMINATION CERTIFICATES. 


PAGE. 

Made by a State Convention. 30-31 

Made by a State Committee. 32-33 

Made by party voters of a eounty. 34-35 

Made by party voters of more than one county. 36-37 

Made by party voters of a ward or town. 38-39 

Made by independents for a State office. 40-41 

Made by independents for more than one county. 42-43 

Made by independents in a county or city. 44-45 

Made by independents of New York or Brooklyn. 46-47 

Made by independents of a ward or town. 48-49 

Made by independents of an Assembly district. 50-51 














INDEX TO BALLOT REFORM LAW 


PAGE. SEC. 

Card instructions to voters. 75 30 

Certificate of nominations. 57 9 

Certificates of nomination. 53 3 

Character of ballot to be used. 62 17 

Clerks and inspectors. 83 44 

Compensation of county clerks. 81 39 

Constitutional amendments. 61 is 

County clerks to have official ballots printed. 61 16 

Death or resignation. 60 14 

Declination of a nomination. 59 12 

Delivery of ballots .. 65 20 

Defacement of instructions. 76 33 

Duties of ballot clerks and inspectors. 69 24 

Duties of city clerks. 82 41 

Duties of county clerks. 57 10 

Election of election inspectors. 82 43 

Errors and omissions. 64 19 

Fraudulent nomination certificates. 76 32 

How voters should prepare their ballots. 71 25 

If voters spoil ballots. 73 27 

Inconsistent acts repealed. 83 45 

Independent citizens may make nominations. 54 5 

Indorsement of ballots. 75 29 

Inspectors and ballot clerks. 67 22 

Lists for town clerks and aldermen. 58 ll 

New York and Brooklyn ballots. 79 37 

No electioneering near the polls. 77 35 

Number of ballots to be printed. 64 18 

Objections to nomination certificates. 59 13 

Official ballots must be printed. 52 l 

One name on a certificate. 56 6 

One voter in one booth.. 72 26 

Order of canvassing votes. 76 31 

Physical disability to prepare ballots. 74 28 

Preservation of certificates. 56 7 

Punishments for violating the law. 77 34 

Sunday in computations. 81 40 









































140 


PAGE. SEC. 


Town and village nominations. 79 38 

Voting booths and guard rails. 68 23 

When act takes effect. 83 46 

When certificate must be filed. 66 8 

When certificates of nomination must be filed. 64 4 

When unofficial ballots may be used. 66 21 

Where the act does not apply. 82 42 

Who may make nominations. 62 2 

Workingmen must be given a chance to vote. 78 36 











INDEX TO CITY AND RURAL REGIS¬ 
TRATION LAW. 


PAGE. SEC. 

A general registration act. 84 l 

Administration of oaths. 93 19 

Arrangement of registration lists. 87 5 

Boards of registry must meet in public. 92 13 

Certified copies of poll lists. 92 12 

Challenges and cancellations. 89 8 

Compensation of board of registry. 93 18 

Days of registration. 84 2 

Duties of board of registration. 88 6 

Election laws repealed. 95 24 

Fraudulent registration a felony. 91 11 

House dwellers must answer questions. 92 15 

Meetings of boards of registry. 86 3 

Oath of office of the clerk. 93 17 

Poll lists of rural boards. 89 7 

Powers to preserve order. 92 14 

Punishment for false registration. 94 21 

Registration before city and rural boards. 86 4 

Registration of a challenge. 91 9 

Registered voters only entitled to vote. 91 10 

The books of registry. 95 22 

The Saturday half-holiday. 95 23 

When the law takes effect. 96 25 

Who may challenge voters. 93 16 

Who are qualified voters. 94 20 




























INDEX TO LESSER ELECTION LAWS. 


PAGE. SEC. 

Brooklyn Registration Act. 97 — 

Enabling Act. 105 l 

Town Meeting Act. 107 l 

Corrupt Practices’ Act. 109 l 

Bets and wagers. ill 416 

Making bargains. lio 41a 

Punishments for violating act. 114 41/ 

Statement of election expenses. 113 4ld 

Threats and intimidation. Ill 41c 

What is unlawful. 109 41 

Witnesses of offenses. 113 4le 

Primary Election Law. 116 l 

Act to apply to cities. 123 23 

Acts forbidden . 122 18 

Ballot box, how placed. 119 9 

Candidates to be allowed watchers. 117 3 

Cities of less than ten thousand. 123 24 

Certificate by inspectors. 119 11 

Examination of ballot boxes. 118 7 

False personation. 122 19 

Fraudulent acts. 121 17 

Notices of primaries in cities. 116 2 

Oaths of inspectors. 118 6 

Poll-list to be kept. 119 10 

Public announcement. 121 15 

Qualification of voter. 123 22 

Right of challenge. 120 13 

Right of five voters. 124 25 

Rights of watchers. 118 5 

Statements to be public. 121 16 

Room for holding primary . 120 12 

Votes challenged.. 120 14 

Violation of act. 122 20 

Watchers may be present. 118 8 

Watchers, how designated. 117 4 

Amendment to primary election law. 126 _ 

APPENDIX. 

Opinions of Attorney-General Tabor. 129-135 

























































































































































































450 












' (JUO K « tt (I M (i U * « t « I C « t t « « < < < t « < « 4 i C 't « ( Ut t v ( t I 




1 


OFFICIAL BALLOT FOE 
SECOND DISTRICT, 
THIRD WARD OF ALBANY, 
NOVEMBER 4, 1890. 


Ansel C. Requa , 

County Clerk. 




This is the correct width of the ballot, but it 

candidu 





PRICE OF PAMPHLET. 


Single copies, 

One hundred copies, 
One thousand copies, 


15 cents 


50.00 


$8.00 


A liberal discount for Larger Orders. 


Official ballots and paster ballots 
printed for county clerks and political 
parties. A price-list will be sent upon 
request. 

Orders for pamphlets or ballots, 
address 

JAMES B. LYON, 

.36 and 38 Beaver Street, 

ALBANY, N. Y. 

















































































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